Robert W. Dremluk

Mr. Dremluk is a partner in the New York office of Culhane Meadows, practicing in the areas of litigation, finance, bankruptcy, and creditors’ rights.  His work focuses on diverse interests in federal and bankruptcy court litigation and advice and risk assessment regarding transactional matters, including asset purchases, structured finance transactions, real estate workouts, foreclosures, and purchases and sales of distressed assets. He understands transaction structures and regularly analyzes deal terms. This experience is invaluable because it provides a practical understanding of issues that help shape and develop successful litigation positions and strategies. Simply put, Mr. Dremluk makes deals and, when necessary, knows how to litigate to enforce clients’ rights.

His client representations include Chapter 11 debtors, secured lenders, committees, trade creditors, debtor-in-possession lenders, bondholders, shopping center developers, limited partners, indenture trustees, equipment lessors, asset purchasers, plan proponents, trustees, and other interested parties in all aspects of bankruptcy cases, both domestically and internationally.

Mr. Dremluk holds an AV Preeminent Rating® in the Martindale-Hubbell Legal Directory, meaning he has reached the height of professional excellence and is recognized by his peers for the highest levels of skills and integrity. He is regularly recognized in SuperLawyers Magazine (a Thomson Reuters publication) as one of the top restructuring lawyers in New York.

Representative Experience
Mr. Dremluk has been involved in a wide spectrum of transaction and litigation matters, some of which can be described as bet the company matters. These matters include corporate restructuring, bankruptcy and creditors’ rights, distressed M&A, asset sales, transactional advisory and risk analysis and commercial litigation. He has also represented shopping center developers in retail bankruptcy cases, various parties in connection with foreclosure proceedings and both lenders and borrowers with respect to real estate financing transactions.

From an industry perspective he has represented entities involved in the following businesses: airlines, chemicals, insurance, defense, drugs, equipment leasing & financing, healthcare, hedge funds, financial services, hospitality, manufacturing, real estate, software, minerals and mining, media and publishing, retail, real estate finance and telecommunications.

• Litigation Matters
• Transactional Matters
• Presentations & Publications

• • Mediate enforcement of  class action wage/hour judgment and related fraudulent transfer claims.
  • Pursue investor claims related to multi-million dollar real estate Ponzi scheme.
  • Represent assignee in connection with assignment for the benefit of creditors of NY art dealer.
  • Negotiate and resolve disputes in connection with technology agreements in Avaya Chapter 11 cases.
  • Represented foreign investor in Lehman Brothers Chapter 11 cases.
  • Represented NICE Systems, Inc. as a vendor in connection with Idearc and Lifemasters Chapter 11 cases.
  • Represented investors in connection with real estate mortgage portfolio disputes.
  • Represented Israel Discount Bank in connection with secured loan default relating to jewelry company, including prosecution of personal guarantees.
  • Litigated dismissal of involuntary Chapter 11 case on behalf of Wells Fargo filed against luxury resort hotel property located in Nevis.
  • Provided bankruptcy analysis in connection with WARN Act claims asserted against Electrograph Systems, Inc.
  • Provided bankruptcy analysis to Citizens Bank in connection with loan to multi-use office complex located in Hartford, Connecticut.
  • Represented shareholders in connection with Chapter 11 case of F&N Construction Inc., a West Virginia coal mining company.
  • Represented foreign supplier in connection with Chapter 11 case of jewelry retailer, Alexia Crawford.
  • Represented domestic and foreign investors in connection with Section 1031 tax free exchange transactions in Chapter 11 case of 1031 Tax Group.
  • Settled litigation with a major fragrance manufacturer, including negotiation and drafting of barter agreement.
  • Represented bankruptcy trustee in the liquidation of apparel manufacturing companies, including prosecution of avoidance actions and claims recovery matters.
  • Advised officers and directors of a West Coast retailer in out-of-court restructuring, including proactive litigation prevention advice with respect to nature and scope of fiduciary duties owed to creditors and shareholders.
  • Represented a former senior executive in connection with claims arising out of a termination of employment agreement in the Refco chapter 11 cases.
  • Participated in the recovery of insurance funds owed to an NFL team as policyholder in connection with the liquidation of Legion Insurance Company.
  • Participated as a member of litigation defense team regarding class actions and individual claims asserted against the national accounting firm Arthur Andersen.
  • Litigated multiple landlord lease claims and related matters on behalf of national shopping center developers in the chapter 11 retail cases of Autobacs, Best Products, Brooks Fashions, Canadian’s, Child World, Circuit City, Durso Supermarkets, Fishers’ Big Wheel, Herman’s, Hills Stores, Houlihan’s Restaurants, Jamesway, Levitz Home Furnishings, Macy, McCrory, Musicland, National Health, No Name Stores, Parklane Hosiery, Petrie Retail, Sterling Optical, Steve & Barry’s, Value City, Westhampton Classic Cars, Westhampton Coachworks and Zale Corporation.
  • Represented an eyewear franchisor in the chapter 11 case of General Vision Services, Inc., including prosecution of claims for unpaid franchise fees and sublease obligations.
  • Represented an off-shore reinsurance company in connection with disputed claim litigation in Qualis Care LP chapter 11 case.
  • Defended a foreign insurance company in preference litigation and prosecution of counterclaims arising out of equipment lease transactions in the chapter 11 case of CIS Corporation.
  • Litigated coverage and plan disputes on behalf of a major insurance company in connection with chapter 11 plans with substantial asbestos and environmental liability claims filed by debtors such as Allis-Chalmers, Federal Mogul, Special Electric, Thorpe, Flintkote, TH Agriculture, Chemtura and Quigley Company.
  • Represented an AIG subsidiary in connection with insurance premium financing transactions and prosecution of claims for payment of return premium in several bankruptcy cases.
  • Represented Chicago airports in connection with the chapter 11 cases of Delta Air Lines, Inc. and Northwest Airlines.
  • Represented a trade vendor in complex litigation involving alleged preferential transfers arising in the Enron chapter 11 bankruptcy cases.
  • Represented unsecured creditors’ committee in connection with the liquidation cases of the Borden Chemical general partner and limited partnership involved in production of compounds and chemicals used in the production of vinyl products, including substantial litigation with holders of $200 million of non-recourse notes and resolution of various contested intra-company claims.
  • Represented cooperative apartment corporation in connection with mortgage defaults and sponsor chapter 11 cases, including substantial lift stay litigation and appeals.
  • Represented a restaurant developer and a restaurant owner/operator as chapter 11 debtors, including complex litigations and negotiations regarding lease obligations and insurance claims arising out of the September 11 attack.
  • Represented a major trade creditor in complex litigation involving alleged preferential transfers and reclamation claims arising out of the chapter 11 liquidation case of County Seat Stores Company.
• • Negotiate and document amended tobacco escrow agreement.
  • Form entities to provide real estate consulting services to NYC real estate developers.
  • Participate in structure and documentation of securitization of insurance premium finance loans.
  • Represented DIP lender and investor in Tarragon Corporation Chapter 11 case.
  • Represented staffing company judgment creditor and asset purchaser in Gromwell Chapter 11 case.
  • Represented secured lender in connection with Chapter 11 case of Juvent Medical.
  • Provided bankruptcy analysis to retirement fund in connection with asset sales and management rights in Capmark and Fairfield Residential LLC Chapter 11 cases.
  • Represented New York Sports Museum in connection with pre-petition workout.
  • Represented Solution Technology, a software company, Chapter 11 debtor, confirming a gift plan.
  • Provided analysis to Silver Point Capital, hedge fund, regarding treatment of debt in connection with various airline merger transactions.
  • Represented senior secured lenders in connection with Chapter 11 case of MainePCS LLC, a telecommunication company.
  • Represented media publishing company in connection with debt restructuring and asset sale transactions.
  • Represented numerous foreign equipment lease investors to restructure transactions, including replacement of collateral arising out of default caused by credit downgrade of AIG.
  • Represented Journal Register Chapter 11 debtor as special counsel in connection with negotiation of collective bargaining agreements and multi-employer pension plans.
  • Represented California pension fund in connection with debt restructuring of KKR notes.
  • Represented Arizona land bank in the chapter 11 reorganization case of home developer UDC Homes, including negotiations regarding assumption of pending purchase and development agreements.
  • Represented Noruma Securities in connection with proposal to fund chapter 11 plan of reorganization of west coast defense contractor.
  • Structured bid proposal for York Wall Coverings, a strategic purchaser to acquire one-of-a-kind high technology wallpaper printing equipment from a chapter 7 debtor.
  • Represented an equipment lessor in connection with aircraft lease financing transactions, including substantial analysis and coordination with tax counsel.
  • Provided analysis on a deal structure relating to proposed redemption or purchase of limited partnership interest, including issues relating to source funds and potential avoidance claims arising under bankruptcy and other applicable laws.
  • Provided in-depth legal and factual analysis as to treatment and enforcement of make whole provisions in loan transactions with respect to debtor’ s proposal to prepay loans under bankruptcy plan.
  • Provided bankruptcy risk assessment analysis in connection with the securitization of pharmaceutical royalty streams.
  • Drafted and reviewed non-consolidation, true sale, enforceability and other types of opinions in connection with numerous multi-million dollar real estate financing transactions.
  • Represented Silver Point Capital, a hedge fund in connection with risk analysis, valuation, and potential recovery of claims relating to municipal bonds issued by Delta Air Lines in connection with construction, development and use of airport facility.
  • Negotiated commercial lease and surrender agreement on behalf of Mack- Cali, a leading real estate investment trust, in connection with out-of-court workout of billion dollar international conglomerate.
  • Advised book distributor in connection with orderly liquidation of assets and resolution of secured claims and related guarantees.
  • Represented a secured equipment lender in the chapter 11 case of Laribee Wire Manufacturing Inc., including participation in going concern sale of assets among various asset-based lenders.
  • Represented a secured lender in the restructuring of equipment lease with Magic Restaurants Inc., including negotiation of replacement letter of credit facility.
• • “District Court Affirms Cramdown Interest Rate Calculation,” The Bankruptcy Strategist (August 2015) and The Equipment Leasing Newsletter (September 2015)
  • “Cramdown Interest Rates in Chapter 11 Cases–The Momentive Decision,” The Bankruptcy Strategist (January 2015)
  • Turbulence Continues in ‘Safe Harbors’,” The Bankruptcy Strategist (April and May 2014)
  • Handling Distressed Mergers & Acquisitions and Bankruptcy Sales, ExecSense (December 3, 2012)
  • Co-author, “The ‘Unfinished Business’ of Failed Law Firms,” Law Journal Newsletters: The Bankruptcy Strategist and Law Firm Partnership & Benefits Report (November 2012) and Law Journal Newsletters: The Corporate Counselor (December 2012)
  • Co-author, “Seyfarth Wins Precedent-Setting Dismissal of Thelen Trustee’s Unfinished Business Claims,” One Minute Memo, Seyfarth Shaw LLP (September 10, 2012)
  • “Seventh Circuit Clarifies Treatment of Trademarks in Bankruptcy Cases,” One Minute Memo, Seyfarth Shaw LLP (August 14, 2012)
  • “Eleventh Circuit Court of Appeals Reinstates TOUSA Bankruptcy Court Decision,” One Minute Memo, Seyfarth Shaw LLP (May 25, 2012)
  • “Gift Plans: Death Knell or Still on Life Support? The Standing of Holders of Unliquidated Out-of-the Money Claims,” The Bankruptcy Strategist (April 2011)
  • “Meeting New Challenges in Representing Chapter 11 Debtors and Creditors,” Inside The Minds: Chapter 11 Bankruptcy and Restructuring Strategies (June 2010)
  • “How Safe Is The Harbor?” The Bankruptcy Strategist (May 2010)
  • “First and Second Liens—Don’t Lien on Me (Too Much),” The Bankruptcy Strategist (May 2006)
  • “Real Estate Lending Bankruptcy Issues,” Arbor Realty (September 1, 2005)
  • “Purchase and Sale of Intellectual Property In Bankruptcy Cases,” Pratt’s Journal on Bankruptcy Law (July 2005)
  • “Can the Marshalling Doctrine Rescue Reclaiming Creditors?” The Bankruptcy Strategist (March 2005)
  • “Protecting Intellectual Property Assets in Bankruptcy,” Association of the Bar of the City of New York, City Bar Center for Continuing Legal Education (June 4, 2003)
  • “Treatment of Directors and Officers Insurance Proceeds in Bankruptcy Cases,” The Bankruptcy Strategist (December 2002)
  • “September 11: Impact on Insurance and Other Contractual Obligations,” Foundation for Accounting Education and Financial Reorganization, New York State Society of Certified Public Accountants’ Bankruptcy Reorganization Committee Conference (June 28, 2002)
  • “Representing Debtors In Bankruptcy Including Pre-Filing Planning, First Day Motions, DIP Financing and Plan Negotiations,” Foundation for Accounting Education and Financial Reorganization, New York State Society of Certified Public Accountants’ Bankruptcy Reorganization, Committee Conference (July 26, 2001)
  • “International Bankruptcy Law: Territoriality vs. Universality, Rights of Secured Creditor Protected Under § 304 (c) (4) of the Bankruptcy Code (In re Treco),” NYSBA New York International Chapter News (Summer 2001)
  • “Proper Drafting of Executory Contracts Helps Avoid Unexpected Adverse Results,” The Bankruptcy Strategist (October 2000)

Interesting Facts
One character in a very early episode of Law & Order was a lab technician named Dremluk– a shout out from a friend who wrote the episode and later became executive producer of the program. He went on to win some Emmys— probably not because of the Dremluk episode, but who knows!?! Mr. Dremluk and his wife are proud parents of identical twin sons who, he says, are fortunate to have inherited their mother’s good looks.