Keith N. Costa has vast experience representing creditors, both secured and unsecured, in bankruptcy proceedings of all types nationwide. He also has wide-ranging experience as a Chapter 11 trustee and examiner.

Mr. Costa formerly served with the U.S. Department of Justice for 11 years as Assistant U.S. Trustee in the Southern District of New York and as Senior Trial Counsel in the District of Connecticut. His government experience with numerous large and complex bankruptcy cases included LTV Steel, Eastern Airlines, Myerson & Kuhn, Drexel Burnham Lambert, Ames Department Stores, Pandick Press, Pan Am Corp., Best Products, FNN, Hills Department Stores, Royster Fertilizers, U.S. Home Corp., Gaston & Snow, G. Heileman Brewing, UPI, Peter S. Kalikow, The Daily News, Maxwell Communication Corp., R.H. Macy & Co., Arochem International Inc., Colt's Manufacturing Co. and Raytech Corp.

In addition to his considerable bankruptcy litigation experience, Mr. Costa frequently serves as both a mediator and arbitrator, most recently assigned as a mediator in the Madoff case.

Experience

• Served as special counsel for board of directors of publicly traded telecommunications information company being sold under Section 363
• Served as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of large New York metropolitan area furniture retailer
• Represented private equity firm in attempted acquisition of regional transportation business under Section 363 sale process
• Served as debtor's counsel in the Chapter 11 case of one of the highest-grossing independently owned restaurants in the United States
• Served as debtors' counsel in the Chapter 7 cases of U.S.-based subsidiaries/distributors of Irish and U.K. parent manufacturers of classic crystal and china
• Represented largest U.S. distributor of Trek bicycles in attempted acquisition of Chapter 11 debtor-in-possession Huffy Corporation
• Served as Chapter 11 trustee in bankruptcy of a ready-mix concrete plant in Bronx, New York, with auction sale of its entire operating business under Section 363
• Served as a bankruptcy court-appointed Chapter 11 examiner of a waste hauling business in Westchester County, New York
• Defended Fortune 200 creditor in bankruptcy avoidance actions nationwide, including preference and fraudulent conveyance adversary proceedings
• Served as Chapter 11 trustee of an elderly physician and art collector in Manhattan with sale of all assets resulting in 100% distribution to all allowed general unsecured creditors
• Represented a small "critical vendor" unsecured creditor in Chapter 11 case of Cannondale Bicycle Corporation
• Litigated first reported case of "substantial abuse" in Connecticut on behalf of U.S. Department of Justice, resulting in case being converted to Chapter 13 rather than being dismissed under Section 707(b)
• Assisted creditor committees, trustees, acquirers/investors and other parties-in-interest with out-of-court workouts, asset sales, debt restructurings, director and officer liability actions, claims objections, relief from the automatic stay, assumption or rejection of executory contracts and unexpired leases, and prosecution or defense of avoidance actions nationwide

Publications

Mr. Costa has contributed numerous articles to bar association, law school, and private commercial and trade organization publications.

Speeches and Presentations

"Beware of Your Borrower's Bankruptcy Case: Hidden Risks of a Customer's Chapter 11 When Dealing with Distressed Commercial Real Estate Assets," Sovereign Bank Legal Department Presentation (July 12, 2011)

"Critical Changes Due To Bankruptcy Reform Legislation," National Business Institute Teleconference (June 6, 2008)

"Getting Paid in Federal Bankruptcy Court," (panelist) Fairfield County Bar Association Meeting, Stamford, Conn. (April 10, 2008)

"Fundamentals of Bankruptcy Practice," National Business Institute Seminars, Hartford and New Haven, Conn. (January 2008)

Pro Bono Activities

Mr. Costa served as debtor's counsel in a post-BAPCPA Chapter 7 pro bono case.