Overview

Arthur E. Rosenberg is an attorney in Holland & Knight's New York office. Mr. Rosenberg practices in the area of bankruptcy and creditors' rights as well as corporate and commercial transactions.

Mr. Rosenberg has substantial experience in creditors' rights, bankruptcy and restructuring situations. His experience includes representing major creditors, lessors and indenture trustees in a substantial number of bankruptcies, including the bankruptcies of several U.S. and international airlines and ancillary proceedings of non-U.S. airlines, multiple international and domestic maritime bankruptcies and insolvencies, U.S. bankruptcies of several Latin American companies, telecommunications-related bankruptcies, bankruptcies in the solar power and construction industries, and securities customers, investors and counterparties in the bankruptcies of several brokerage and financial services companies. Mr. Rosenberg's experience in the area of creditors' rights includes the representation of secured and unsecured creditors, indenture trustees, customers, vendors, and contract counterparties in bankruptcy cases of all sizes, including the representation of vessel owners and suppliers in maritime bankruptcies; the representation of equipment lessors and secured lenders; the representation of several foreign debtors, receivers and creditors in Chapter 15 proceedings; the representation of several debtors in bankruptcy cases; the representation of landlords and tenants as creditors in bankruptcy cases in the retail and other industries; the representation of indenture trustees of secured and unsecured debt in multiple bankruptcy cases; the representation of asset purchasers and representations and warranties (R&W) insurers in multiple Section 363 asset sales by debtors in bankruptcy; the representation of shareholders, limited partners and secured and unsecured creditors in several out-of-court liquidations; the representation of prepetition lenders in maritime-related and other bankruptcy cases; the representation of creditors in the bankruptcies and out-of-court restructuring of several not-for-profit entities, many defendants in preference and fraudulent conveyance proceedings. Mr. Rosenberg also represents not-for-profit entities and foundations in situations involving investments, corporate and contract issues and insolvency situations.

Mr. Rosenberg has spoken on several airline and maritime panels and American Bar Association (ABA) panels on real estate bankruptcies, and has been an instructor for several years at the Airfinance Journal North America School in New York.

He is also experienced in mergers and acquisitions (M&A) involving public and private companies, in and outside of bankruptcy, and in the negotiation and preparation of general corporate and commercial agreements, including shareholders agreements, distribution agreements, licenses and employment agreements. Mr. Rosenberg has extensive experience in the structuring and establishment of U.S. subsidiaries and branches and other operations of foreign entities, including the establishment of corporations, limited liability companies and other alternative business entities. Mr. Rosenberg also has experience in securities law issues, including Regulation D and Regulation S transactions, private sales of securities, investment advisory services, and registered and unregistered investment funds.

Representative Experience

  • Served as counsel for the senior lending group and shareholders In re: Excel Maritime Carriers Ltd., in U.S. Bankruptcy Court for the Southern District of New York
  • Served as counsel for several equipment (aircraft) lessors In re: American Airlines Inc., in U.S. Bankruptcy Court for the Southern District of New York
  • Served as counsel for several equipment lessors and other counterparties in In re: Avianca Holdings S.A., in U.S. Bankruptcy Court for the Southern District of New York
  • Served as counsel for several equipment lessors in In re: LATAM Airlines Group, S.A., in U.S. Bankruptcy Court for the Southern District of New York
  • Served as counsel for several equipment lessors and other financial institutions in In re: Grupo Aeromexico, S.A.B. de C.V., in U.S. Bankruptcy Court for the Southern District of New York
  • Served as debtor's counsel for the U.S. subsidiary of a non-U.S.-based aerospace manufacturing company in the U.S. Bankruptcy Court for the Southern District of Florida
  • Served as special litigation counsel to a charter airline in In re: Miami Air International Inc., in U.S. Bankruptcy Court for the Southern District of Florida
  • Represented a division of a New York State governmental authority as a secured lender in the bankruptcy of Level Solar Inc. in a case in U.S. Bankruptcy Court for the Southern District of New York
  • Represented several customers in the bankruptcy of bankrupt metal refiner Miami Metals f/k/a Republic Metals Refining Corporation in U.S. Bankruptcy Court for the Southern District of New York
  • Served as counsel for several ship owners and operators that were debtors of the debtor In re: O.W. Bunker Holding North America Inc., in U.S. District Court for the District of Connecticut
  • Served as counsel to pre-petition secured lenders to the debtor In re: Aegean Marine Petroleum Network Inc., in U.S. Bankruptcy Court for the Southern District of New York
  • Served as counsel for a shareholder and major unsecured creditor of the debtor In re: Death's Door Spirits, in U.S. District Court for the Western District of Wisconsin
  • Served as counsel for the indenture trustee of a class of secured notes in In re: Automotores Gildemeister SpA, in the U.S. Bankruptcy Court for the Southern District of New York
  • Served as counsel for the indenture trustee of a class of unsecured notes in In re: Corp Group Banking S.A. et al., in the U.S. Bankruptcy Court for the District of Delaware
  • Represented an equipment lessor in the U.S. Chapter 15 case of a major Mexican airline In re: Compania Mexicana de Aviacion, S.A. de C.V., in U.S. Bankruptcy Court for the Southern District of New York
  • Represented an equipment lessor in the U.S. Chapter 15 case of a Brazilian airline In re: Oceanair Linhas Aereas S/A, in U.S. Bankruptcy Court for the Southern District of New York
  • Represented a major U.S. port operator in the Chapter 15 bankruptcy of Hanjin Shipping, a large South Korea-based shipping company, in U.S. Bankruptcy Court for the District of New Jersey
  • Represented vessel owners and suppliers in maritime bankruptcies
  • Represented a New York City-based developer of residential real estate in the bankruptcy of a general construction contractor in the midst of a construction project
  • Represented a large construction company in the New York City bankruptcy of a construction subcontractor
  • Represented the financing arm of a major printing equipment manufacturer as a secured and unsecured creditor
  • Represented several foreign debtors, receivers and creditors in Chapter 15 proceedings
  • Represented a major coal producer in the bankruptcies of several coal mining and other corporate bankruptcies
  • Represented a major non-food concessionaire in the bankruptcies of the Los Angeles Dodgers baseball team and the Phoenix Coyotes hockey team
  • Represented the New York City Ballet in the bankruptcy of the New York City Opera in U.S. Bankruptcy Court for the Southern District of New York
  • Represented landlords and tenants as creditors in bankruptcy cases
  • Represented shareholders, limited partners, and secured and unsecured creditors in several out-of-court liquidations
  • Represented pre-petition lenders in maritime-related and other bankruptcy cases
  • Represented creditors in the bankruptcies and out-of-court restructurings of several not-for-profit entities, many defendants in preference and fraudulent conveyance proceedings brought in large and small cases

Credentials

Education
  • University of Pennsylvania Law School, J.D., cum laude
  • The Wharton School, University of Pennsylvania, B.S., cum laude
Bar Admissions/Licenses
  • New York
Court Admissions
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of Connecticut
Memberships
  • Association of the Bar of the City of New York
  • American Bar Association, Business Law Section
  • American Bankruptcy Institute

Publications

Speaking Engagements