Nicholas B. Malito

Practice Areas: Bankruptcy, Litigation, and Real Estate

Mr. Malito became associated with the firm in September 2007.  He concentrates his practice in bankruptcy, litigation, and real estate. 

Mr. Malito has widespread experience in complex Chapter 11 cases in Delaware, New York, and other jurisdictions where he represents both debtors and creditors.  He has been actively involved in numerous phases of Chapter 11 reorganization and liquidation proceedings, from case commencement through plan confirmation, as well as asset purchases and out-of-court negotiations.  Additionally, he has represented clients in rare Chapter 9 municipal bankruptcy cases.  Mr. Malito’s bankruptcy experience also includes acting as counsel in bankruptcy-related litigation, including appeals, defense of preference and fraudulent transfer avoidance actions, claims administration, and other adversary proceedings.  In June 2010, after taking nearly two dozen specialized bankruptcy courses and upon the successful defense of his thesis, Mr. Malito was awarded an LL.M. in Bankruptcy from the premier master’s degree program in the nation devoted to bankruptcy law. 

Mr. Malito also represents clients in general commercial litigation and real estate matters.

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., --- U.S. ---, 129 S.Ct. 2195 (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. 

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.

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

Reported Decision:
In re 1633 Broadway Mars Restaurant Corp., 388 B.R. 490 (Bankr. S.D.N.Y. 2008).

Mr. Malito’s publications include:

• Recent Developments: Section 105(a) of the Bankruptcy Code, 2010 Ann. Surv. of Bankr. Law
  Part --- § ---
  
  
• Recent Developments: Chapter 9 of the Bankruptcy Code, 2010 Ann. Surv. of Bankr. Law
  Part --- § ---
  
  
• On the Nature of the Transferred Bankruptcy Claim, 12 U. Pa. J. Bus. L. 35 (2009) (Co-Author with Tally M. Wiener)
  
  
• 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)