Biography

Steven B. Smith focuses his practice on complex corporate restructuring, liquidations and bankruptcy litigation, including in-court Chapter 11 and Chapter 15 cases and out-of-court workouts. He has extensive experience representing distressed debt investors, bondholders, official and ad-hoc creditor committees, administrative and collateral agents, indenture trustees, stalking horse and other asset purchasers, trade and tort claimants, and other significant parties-in-interest in a variety of jurisdictions across the United States.

Additionally, Steve has experience with the structuring, negotiating and documenting of complex real estate finance transactions, including mortgage, construction, leverage and mezzanine lending.

Steve is also experienced in the analysis of true sale, non-consolidation, and bankruptcy remoteness principles in opinion and related contexts and has lectured on the topic on numerous occasions.

Steve played an active role in the following reported decisions:

  • In re Urban Commons 2 West LLC, et al., 648 B.R. 530 (Bankr. S.D.N.Y. 2023)
  • Bricklayers and Trowel Trades International Pension Fund v. Wasco, Inc., 2015 WL 9459945 (M.D. Tenn. 2015)
  • In re TS Employment, Inc., 2015 WL 4940348 (Bankr. S.D.N.Y. 2015)
  • In re Intermet Corp., 2009 WL 2868749 (Bankr. D.Del. 2009)
  • In re XO Communications, Inc., 2008 WL 4587118 (C.A.2 (N.Y.) 2008)
  • In re Whitehall Jewelers Holdings, Inc., 2008 WL 2951974 (Bankr. D.Del. 2008)
  • Houlihan Lokey Howard & Zukin v. High River Limited Partnership, 369 B.R. 111 (S.D.N.Y. 2007)
  • In re Muscletech Research and Development, Inc., (2006), 19 C.B.R. (5TH) 57 (Canada)
  • In re Ad Hoc Committee of Tort Victims, 327 B.R. 138 (S.D.N.Y. 2005)
  • In re XO Communications, Inc., 323 B.R. 330 (Bankr. S.D.N.Y. 2005)
  • In re XO Communications, Inc., 330 B.R. 394 (Bankr. S.D.N.Y. 2005)
  • In re Exide Technologies, Inc., 299 B.R. 732 (Bankr. D. Del. 2003)

While in law school, Steve served as a judicial intern to Chief Judge William H. Gindin of the U.S. Bankruptcy Court for the District of New Jersey.

Memberships & Associations

  • Member, Federal Bar Council
    • Bankruptcy Litigation Committee
  • Member, New York City Bar Association
    • Bankruptcy & Corporate Reorganization Committee
    • Out of Court Restructuring Subcommittee
  • Member, UJA Bankruptcy and Reorganization Group Next Generation Committee
  • Member, NYC Bankruptcy Assistance Project Steering Committee
  • Board of Editors, The Bankruptcy Strategist
  • Member, Strafford Bankruptcy Law Advisory Board
  • Master, The Bankruptcy American Inn of Court
  • Barry L. Zaretsky Roundtable Steering Committee