Nicholas B. Malito

Practice Areas: Bankruptcy, Corporate Reorganization, and Litigation

Mr. Malito became associated with the firm in September 2007. He concentrates his practice in bankruptcy, corporate reorganization, and litigation, and represents both debtors and creditors. Mr. Malito has particular experience in complex Chapter 11 cases in Delaware, New York, and other jurisdictions. He has been actively involved in numerous phases of Chapter 11 reorganization and liquidation proceedings, from case commencement through plan confirmation, as well as out-of-court negotiations. Mr. Malito also has experience as counsel in bankruptcy-related litigation, including appeals, avoidance actions, claims administration, and other adversary proceedings.

Recently, Mr. Malito was of counsel, pro bono, for a group of law professors appearing as amici curiae before the United States Supreme Court in the case of Travelers Indemnity Co., et al. v. Pearlie Bailey, et al., --- S.Ct. ----, 2009 WL 1685625 (2009), and co-authored the underlying brief in support of respondents, available at 2009 WL 526205.

Mr. Malito is a contributing author to the Norton Annual Survey of Bankruptcy Law.

Prior to joining the firm, he served as a law secretary to Justice Carol R. Edmead of the New York State Supreme Court.

While in law school, he served as Student Publications Editor of the New York Real Property Law Journal and was a member of the Moot Court Honor Society. In addition, he completed a variety of legal internships, as well as a student clerkship to United States Bankruptcy Judge Allan L. Gropper.

Mr. Malito’s reported decisions include In re 1633 Broadway Mars Restaurant Corp., 388 B.R. 490 (Bankr. S.D.N.Y. 2008).

Mr. Malito’s publications include:

• On the Nature of the Transferred Bankruptcy Claim, __ U. Pa. J. Bus. L. __ (2009) (Co-Author with Tally M. Wiener) (scheduled for publication)
  
  
• Recent Developments: Section 105(a) of the Bankruptcy Code, 2009 Ann. Surv. of Bankr. Law Part III § 1
  
  
• On the Nature of the Chapter 7 Bankruptcy Trustee Fee, 18 J. Bankr. L. & Prac. 2 Art. 3 (2009) (Co-Author with Tally M. Wiener)
  
  
• Municipal Bankruptcy: An Overview of Chapter 9 and a Critique of the “Specifically Authorized” and “Insolvent” Eligibility Requirements of 11 U.S.C. § 109(c), 17 J. Bankr. L. & Prac. 4 Art. 2 (2008)

• Case Note: Eastside Exhibition Corp. v. 210 East 86th Street Corp., 2005 N.Y. Slip Op. 06735, 33 N.Y. Real Prop. L.J. 4, 192 (2005)

Mr. Malito is currently pursuing an LL.M. in Bankruptcy at St. John’s University School of Law.