Based in New York, Norman Kinel serves as a partner in the Restructuring & Insolvency Practice Group of Squire Patton Boggs. In recognition of his achievements, he has been recognized again in 2019 by Super Lawyers as one of New York City’s top bankruptcy lawyers.
In May 2019, Norman Kinel will be among the professionals who will speak at the William J. O’Neill Regional Bankruptcy Institute, sponsored by the Cleveland Metropolitan Bar Association (CMBA),which will address a variety of bankruptcy law issues. At the event, Mr. Kinel will serve as a member of a panel focusing on the topic “Retail Apocalypse Now?” He will speak alongside fellow professionals who possess a substantial knowledge of and experience with law, financial services, and accounting. The panelists on the roster represent firms with offices across the country.
A number of individuals with knowledge of financial trends have projected that the overall 2019 retail sector will continue its trajectory of disruption – and not only in terms of digital transformation – as consumer power and demand increase, and companies continue to fight for customers.
Mr. Kinel’s panel, entitled “Retail Apocalypse Now?”, will examine numerous issues relating to the surge in retail bankruptcy cases, including: extending trade credit, critical vendor issues, administratively insolvent cases, special concerns of commercial landlords and the composition and role of creditors’ committees in retail cases.
Amid rising global economic and political unrest, the relatively prosperous American economy demonstrated mixed results for retailers in 2018 that included some notable bankruptcies for a range of businesses. It may be that 2019 is shaping up to be a year in which survival for many retail businesses will involve thorough-going change in response to uncertainty.
An attorney with Squire Patton Boggs, Norman Kinel has extensive experience in complex business bankruptcy cases involving chapter 11 filings.
In August 2017, Norman Kinel represented a committee of Constellation Enterprises LLC’s unsecured creditors in urging a federal appeals court judge to overturn a Bankruptcy Court decision denying approval of a settlement agreement negotiated by the creditors’ committee for the benefit of unsecured creditors.
The settlement was denied on the basis that it ran afoul of the U.S. Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp. The Committee argued, however, that the holding in Jevic did not apply to the facts presented in the Constellation case and thus should not have been relied upon as a basis for the decision. In particular, the Committee argued that there is no priority scheme within the Bankruptcy Code that governs the distribution of non-estate assets. In addition, unlike the Constellation case, Jevic had nothing to do with a third-party purchaser’s rights to contribute its own property or funds to other creditors.
The Committee further argued that the Bankruptcy Court had failed to apply the ruling in In re ICL Holding, a Third Circuit precedent that permitted a third-party to contribute non-estate property in connection with a settlement, even if the distributions to be made were not in strict accordance with the absolute priority rule.
Unfortunately, when the Constellation chapter 11 cases was converted to chapter 7, the Committee’s appeal was dismissed and certain noteholder parties to the settlement agreement, who were to have contributed substantial cash and other consideration to a trust to be established for the benefit of unsecured creditors, instead received a multi-million-dollar windfall, with unsecured creditors receiving no distribution.
A bankruptcy and restructuring attorney, Norman Kinel is a partner at the international law firm Squire Patton Boggs. Over the course of more than 30 years, he has handled complex bankruptcy cases as a partner in several prominent law firms based in New York City and earned industry accolades that include several Turnaround Atlas Awards and multiple recognitions as a “Super Lawyer.” A graduate of the American University Washington College of Law, Norman Kinel frequently writes articles for industry publications about developments in the bankruptcy field.
Writing on eSquire Global Crossings, Mr. Kinel analyzed the findings of a recent Fitch Ratings report that suggests the average duration of Chapter 11 bankruptcy cases has grown significantly shorter over the last few years. According to Mr. Kinel, who has been involved in many dozens of these cases throughout his career, these findings are not entirely surprising, as an increased reliance on prepackaged reorganization plans in Chapter 11 cases has made for a simpler confirmation process.
However, not all Chapter 11 cases have followed this trend. For example, while the average Chapter 11 bankruptcy proceeding in 2017 lasted only four months, and the average of all cases from 2003 to 2018 was seven months, the Energy Future Holdings bankruptcy case lasted a full four years. Other notable cases that took much longer than average include the Interstate Bakeries Corp. proceedings, which lasted 51 months, and the two-year Calpine Corporation case.
When analyzing these lengthier cases, several commonalities emerge. Among other factors, these longer cases often involve legacy liabilities such as underfunded pension plans or complex transactions such as leveraged buyouts. In other cases, longer proceedings can simply be attributed to bad timing, with the specific economic environment of the companies’ respective industries slowing the process.
ABA Business Law Section
An accomplished bankruptcy practitioner with more than 30 years of experience, Norman Kinel has authored numerous articles on bankruptcy issues for legal publications and received multiple accolades from industry groups. Norman Kinel is also actively involved in the field as a member of the American Bar Association (ABA) Business Bankruptcy Committee, a part of the ABA Business Law Section.
One of the most prominent sections of the ABA, the Business Law Section serves thousands of members by offering continuing legal education opportunities, professional development panels, and access to industry-standard publications such as The Business Lawyer. Also committed to promoting inclusion and diversity and supporting the next generation of business law professionals, the section maintains a robust Business Law Fellows program.
For nearly two decades, the ABA Business Law Section has supported emerging business lawyers through a unique program that offers mentorship, pathways to leadership within section committees, and reimbursement for attendance at ABA conferences. Since its inception, the program has trained more than 200 fellows for leadership positions in the industry. Former fellows constitute 10 percent of all section committee chairpersons. In addition, they hold nearly a third of all committee leadership positions. Each year, 20 applicants are elected to participate in the two-year program.