Don Clarke has substantive experience in a wide range of complex commercial matters concerning bankruptcy, restructuring and state court insolvency.

Mr.  Clarke is a member of the firm’s Bankruptcy, Reorganization and Creditors Rights Practice Group, and Cannabis Law Group. Principally, Mr. Clarke has substantive experience in a wide range of complex commercial matters concerning bankruptcy, restructuring and state court insolvency.

Mr. Clarke helps debtors-in-possession manage their estates in an effort to retain control of their assets and minimize their liabilities. Mr. Clarke assists interested investors with their efforts to fund the acquisition of a debtor or its assets through a range of structured financial transactions.  Mr. Clarke represents Chapter 7 and Chapter 11 Trustees with their oversight of the reorganization, liquidation, and administration of bankruptcy estates. Mr. Clarke also helps creditors protect their interests in assets included in a debtor’s bankruptcy estate, enforce their rights, and maximize their recovery.

Mr. Clarke’s extensive experience with complex restructuring matters demands a comprehensive understanding of federal, state, and local laws, including regulatory requirements, across all industries. This experience has enabled Mr. Clarke to assist clients with their navigation of such regulatory schemes outside of bankruptcy, including in the space of cannabis law.

 

Notable cases in which Don had substantive involvement include:

Toys “R” Us, Inc. – Representation of vendors of bicycles and bicycle accessories with $5.5 million dollars in claims in a Chapter 11 filed by world-renowned toy chain. Secured a favorable recovery on outstanding claim as well as critical vendor status moving forward.

Hanjin Shipping Co., Ltd. – Local counsel representation of container and chassis owners and lessors, tugboat operators and other port professionals in a Chapter 15 filed by the 9th largest international shipping company to a main foreign proceeding in South Korea;

Zucker, Goldberg and Ackerman, LLC. – Representation of Chapter 11 debtor law firm specializing in the representation of lenders and secured parties in foreclosure matters and insolvency proceedings. Prior to filing bankruptcy, Zucker, Goldberg and Ackerman, LLC. was handling in excess of 40% of all foreclosure cases in New Jersey;

Newark Watershed Conservation and Development Corporation – Representation of provisional trustees overseeing the Chapter 11 dissolution of the quasi-governmental non-profit and recovery of assets lost to criminal mismanagement by its board and directors;

Birdsall Services Group, Inc. and BSG Engineering, Surveying & Landscape Architecture, LLC. – Representation of Edwin H. Stier, Esq., trustee for the bankruptcy estate of a high-profile engineering firm in New Jersey which was valued at approximately $50 million dollars prior to being indicted for campaign finance fraud;

Liberty Harbor Holding, LLC. – Successful reorganization of Chapter 11 debtor with partially developed real estate holdings valued at $400 million dollars along the Jersey City waterfront;

Marburn Stores, Inc. d/b/a Marburn Curtains/Marburn Curtain Warehouse – Representation of Chapter 11 debtor in the successful sale and pending liquidation of assets of one of approximately two hundred ESOPs (Employee Stock Ownership Plan) in the Metropolitan Area;

New York Military Academy – Representation of Official Committee of Unsecured Creditors, instrumental in securing the successful $12 million dollar sale and reorganization of one of the oldest military academies in the United States;

Bakhtaver A. Irani & Aspi K. Irani – Representation of a joint, individual Chapter 11 which resulted in the successful reorganization of numerous personally-owned commercial properties, including a $52 million dollar joint-venture involving the Closter Plaza Shopping Center in Closter, New Jersey;

LNT Merchandising Co. (Linens–n-Things) – Successful defense of a former vendor in a complex commercial suit seeking $1.8 million dollars in damages;

Representation of several entities with hundreds of millions of dollars in real estate holdings in New York and New Jersey in several high-profile bankruptcy cases, including: Big M. Inc. a/k/a Mandee and Annie Sez Stores; CWC Liquidation Inc. f/k/a Coldwater Creek Inc., Getty Petroleum Marketing, Inc., Drug Fair Group, Inc., The Great Atlantic and Pacific Tea Co. (A&P), Borders Group, Loehmann’s, Jennifer Convertibles, Marty’s Shoes and Joyce Leslie, Inc.

Prior to joining the firm, in May of 2000, Don graduated from Loyola College in Maryland (now Loyola University Maryland) with a Bachelor of Business Administration where he majored in Management Information Systems.

After several years as a network administrator and computer programmer, Don went to law school and graduated from the University of Miami School of Law, cum laude, with his Juris Doctorate, in May of 2008. While at Miami Law, Don served as the Articles and Comments Editor for the University of Miami Business Law Review.

  • Named to the New Jersey Super Lawyer listing by the publishers of New Jersey Monthly and Super Lawyers®, 2021

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