Erica R. Aisner

Partner

Erica Aisner’s practice includes representation of both commercial and consumer clients, in their capacity as debtor, creditor or equity holder, in all types of bankruptcy proceedings, out of court creditor workouts and distressed transactions. On the debtor side, Ms. Aisner has successfully handled numerous corporate reorganizations, orderly liquidations and strategic transactions including asset sales, joint ventures and recapitalization events. Ms. Aisner has defended and prosecuted adversary proceedings involving preference, avoidance and non-dischargeability claims. Her experience also includes the representation of secured creditors, both institutional and private, in Chapter 11 cases involving cash collateral negotiations, debtor-in-possession financing, hostile (competing) chapter 11 plans and credit bidding at auctions. Ms. Aisner has also represented buyers of distressed assets as both “stalking horses” and public auction bidders. Ms. Aisner’s client list includes public companies as well as privately held businesses and spans multiple industries including construction, real estate (development and operating), technology, retail, fashion, restaurant, livery, sanitation, municipality, not-for-profit, entertainment, publishing, printing and marketing.

 

Ms. Aisner’s practice also includes the representation of real estate owners, developers and operators in all aspects of non-distressed commercial real estate transactions including purchase, sale, leasing, financing and joint venture. She also has experience representing non-real estate clients in connection with the purchase and sale of assets and businesses as a going concern.

 

Education

  • Hofstra University School of Law, J.D., 2002
  • State University of New York at Albany, B.A., 1999

Bar Admissions

  • New York

Court Admissions

  • New York State
  • United States Federal District Courts for Northern, Southern, Eastern and Western District of New York

Memberships

  • American Bankruptcy Institute
  • International Women’s Insolvency and Restructuring Confederation
  • New York Institute of Credit
  • Westchester County Bar Association

Professional and Community Affiliations

  • The Volunteer Center, Board of Directors
  • Super Lawyers, Rising Star 2013

Cases of Note

  • Grow Up Japan, Inc. v. Ko Yoshida, (In re Ko Yoshida), 453 B.R. 102 (Bankr. E.D.N.Y. 2010); granting motion to dismiss non-dischargability proceeding commenced against debtor and holding that employer-employee/store manager relationship between judgment creditor and debtor did not give rise to express, technical, or statutory trust or other cognizable fiduciary connection required by discharge exception for defalcation while acting in fiduciary capacity.