Richard Kanowitz, Partner

Richard S. Kanowitz is a partner in the Firm's Bankruptcy & Restructuring practice. Mr. Kanowitz joined Kronish Lieb Weiner & Hellman in 2000, which was merged into Cooley Godward Kronish LLP in 2006. Mr. Kanowitz is resident in the New York office.

Mr. Kanowitz's practice focuses on corporate reorganization and bankruptcy litigation and has represented corporate debtors in a multitude of businesses including telecommunication services, bio-fuel, bio-tech, manufacturing and retail. He also represents official committees of unsecured creditors, secured and unsecured creditors and landlords in national Chapter 11 cases.

Recent representations include:

• Pacific Ethanol Holding Co. LLC and its four ethanol plant subsidiaries with current combined ethanol production capacity of over 200 million gallons per year in their Chapter 11 cases pending in the District of Delaware. Two of the ethanol plants are located in California, one is located in Idaho and one is located in Oregon and combined serve markets in California, Nevada, Arizona, Oregon, Colorado, Idaho and Washington.
• The official committee of unsecured creditors in the Chapter 11 case of Boscov's, Inc. in the District of Delaware. The creditors' committee was instrumental in negotiating the confirmed plan of reorganization, which provides for a significant distribution to unsecured creditors. Boscov's emerged from bankruptcy as a going concern retailer, one of only a few to do so after the 2005 Bankruptcy Code amendments.
• The official committee of unsecured creditors in the Chapter 11 case of specialty retailer Sharper Image Corporation, pending in the District of Delaware.
• The official committee of tort claimants in the Chapter 11 cases of Saint Vincent Catholic Medical Centers of New York, pending in the Southern District of New York. The tort committee was instrumental in negotiating a plan of reorganization which anticipates paying allowed medical malpractice claims 100% either through third party insurance or trusts established for the benefit of such claimants. The allowed medical malpractice claims (net of insurance) are estimated to be $77 million to $116 million and will be paid from the dedicated trusts funded with an aggregate of $200 million in cash over time.
• The official committee of unsecured creditors in the Chapter 11 cases of specialty footwear retailer Footstar, Inc., in the Southern District of New York. The creditors' committee was instrumental in securing a 100% distribution plus 4.25% interest per annum for general unsecured creditors under the terms of the confirmed plan of reorganization.
• Metromedia Fiber Network, Inc. and its 14 affiliated debtors in their successful Chapter 11 case in the Southern District of New York. Upon plan confirmation, $5 billion in debt was restructured and compromised. The reorganized company raised $50 million in its public rights offering under the plan of reorganization.
• Optel, Inc. and its 23 affiliates in their Chapter 11 case in the District of Delaware. Upon plan confirmation, $500 million in debt was restructured and compromised, and the company emerged as a privately held cable television provider to multiple dwelling units located in the South and Western United States.
• Old UGC, Inc. in its Chapter 11 case in the Southern District of New York. Upon confirmation, over $1 billion in debt was restructured, and the company retained its ownership of cable television interests in Europe and Latin America.

In connection with his representation of debtors and creditors in Chapter 11 cases, Mr. Kanowitz has handled numerous contested bankruptcy matters and adversary proceedings, including cash collateral hearings, severance and retention hearings, asset disposition hearings, exclusivity contests, disclosure statement and confirmation proceedings, fraudulent conveyance actions, claims litigation, UCC lien litigation, executory contract and unexpired lease litigation, and Rule 2004 investigations. Noteworthy litigation matters include:

• The successful prosecution of the motion to appoint an official committee of tort claimants consisting of holders of medical malpractice claims in the Chapter 11 cases of Saint Vincent Catholic Medical Centers of New York.
• The successful representation of the Footstar creditors' committee in the company's extensive contract litigation with Kmart. The representation helped Footstar craft a settlement with Kmart to continue the parties' business relationship, which assured the solvency of the company, its exit from bankruptcy, and the consummation of a full pay plan with interest for general unsecured creditors.
• The representation of debtor Old UGC in its multi-billion dollar Claims Estimation hearing with At Home arising from a failed joint venture of the two companies in Europe. Mr. Kanowitz was instrumental in having the Bankruptcy Court estimate At Home's alleged $2.2 billion claim as $0, facilitating Old UGC's emergence from bankruptcy.
• The representation of the official committee of unsecured creditors in the Montgomery Ward liquidating Chapter 11 case in an extensive Bankruptcy Rule 2004 investigation. That investigation led to a lawsuit by the creditors' committee against GE Capital in which the Estate obtained over $80 million for creditors in settlement.
• The representation of the Enron Employee-Related Issues Committee in pursuing the recovery of over $53 million in accelerated deferred compensation payments made to top hat Enron employees within the 90 days of Enron's bankruptcy filing.

Mr. Kanowitz was named by Turnarounds & Workouts as one of the Outstanding Young Bankruptcy Lawyers in 2004 and was listed as one of the "Super Lawyers of New York" for 2007, 2008 and 2009. Mr. Kanowitz earned a J.D. from Hofstra University School of Law in 1992, where he served as a member of the Hofstra Law Review. He received his B.A. with Distinction and Class Honors from the University of Michigan in 1989.

Mr. Kanowitz is admitted to practice before the New York State Bar and New Jersey State Bar. He is a member of the bars of the U.S. Court of Appeals for the Second and Third Circuits, the U.S. District Courts in the Southern, Eastern and Northern Districts of New York and the District of New Jersey.

Education

• Hofstra Univ School of Law
  JD, 1992
• University of Michigan - Ann Arbor
  BA, 1989

Court Admissions

• U.S. Court of Appeals, Second Circuit
• U.S. Court of Appeals, Third Circuit
• U.S. District Court, District of New Jersey
• U.S. District Court, Eastern District of New York
• U.S. District Court, Northern District of New York
• U.S. District Court, Southern District of New York

Admissions

• New Jersey
• New York

Memberships

• New York State Bar Association