Gerard DiConza

Gerard DiConza represents debtors, creditors, receivers, trustees, estate fiduciaries, distressed asset buyers, and other parties in interest in bankruptcy cases and out-of-court restructurings. With more than 30 years of experience, clients turn to Gerry when the path forward requires strategic judgment, skilled execution and a pragmatic resolution. Gerry's practice spans the full spectrum of bankruptcy and restructuring work. Whether prosecuting avoidable transfer claims on behalf of estate fiduciaries, navigating contested section 363 sales, or advising debtors in a restructuring, Gerry combines a practical approach with litigation and transactional fluency to help clients reassess their options.

Equal parts litigator and deal lawyer, Gerry knows when to press hard in contested litigation and when strategic negotiation will deliver better results. His experience prosecuting complex litigation claims gives him credibility at the bargaining table, while his transactional background allows him to structure creative solutions that preserve value and satisfy competing stakeholder interests.

Gerry has handled high-profile restructurings across industries, from high-end designer shoe retailers, national transportation and logistics companies, to commercial real estate owners. He has also litigated constitutional claims asserted by a trustee and mortgagee against a municipality and its employees in bankruptcy court, pursued insider fraud, avoidance and other claims for trustees, and resolved multimillion-dollar fee disputes for financial professionals.

Gerry is a frequent author and speaker on restructuring and bankruptcy topics, contributing regularly to industry publications and conferences.

Gerard's Practice

Representative Matters

• Counsel to federal receiver appointed for ArciTerra Companies, LLC, et al., Case No. 23-CV-02470 (D. Ariz.), advising receiver on sale of nationwide real estate portfolio and other matters.
• Special litigation counsel for the Chapter 11 Trustee for liquidating hedge funds in In re Soundview Elite Ltd. et al., Bankr. S.D.N.Y. Case No. 13-13098, pursuing litigation claims for breach of fiduciary duty, fraud, fraudulent transfers and preferences against former insiders and third parties.
• Special litigation counsel for liquidating trust formed upon confirmation of chapter 11 plan in ONH AFC CS Investors LLC cases, Bankr. D. Del. Case No. 23-10931, pursuing fraudulent transfer claims on behalf of the liquidating trust.
• Litigation counsel for trustees and plan administrators in Chapter 7 and 11 cases in various bankruptcy courts, pursuing fraudulent transfer and preference claims on behalf of the estates.
• Litigation counsel to a municipality in separate adversary proceedings alleging claims for violations of the automatic stay, deprivation of constitutional rights, negligence and intentional tort.
• Litigation counsel to a financial advisory and investment banking firm, in fee dispute litigation arising out of the buyout of a former shareholder of TransPerfect Global, Inc.
• Debtors’ counsel for several affiliated debtor-entities in In re Paul Wallace, et al., Bankr. S.D.N.Y. Case No. 10- 22998, with interests in several boutique hotels. Successfully sold debtors’ interest in hotels under section 363 sales and litigated several claims, including claims for recharacterization and recovery of fraudulent and preferential transfers. Confirmed plan provided full recovery for unsecured creditors.
• Debtor’s counsel for the managing company of an Estonian steel production company in Chapter 11 cases (In re Galvex Capital LLC, et al., Bankr. S.D.N.Y. Case No. 06-10082). Cases ultimately resolved and dismissed pursuant to agreements in which all creditors were paid in full.
• Bankruptcy litigation counsel to a national retailer in contested claim objection litigation brought by the General Growth Properties debtors (In re General Growth Properties, Inc. (Bankr. S.D.N.Y. Case No. 09-11977). Successfully resolved claims and counterclaims of Finish Line against GGP.