Max DuVal is an attorney whose practice focuses on bankruptcy, restructuring and creditor-debtor rights for DHC’s Westchester New York Bankruptcy Law group. In his practice Max attends depositions, hearings, oral arguments, and client meetings on a regular basis, researches various issues under the Bankruptcy Code and works with clients, opposing counsel, the Office of the United States Trustee, and bankruptcy court personnel. Max also represents debtors and creditors in Chapter 7 and 11 bankruptcies, in this role he drafts:
- Plans of reorganization and liquidation
- Disclosure statements
- Motions to convert
- Critical vendor motions
- Fee and retention applications
- Proofs of claim
- Claim objections
- Motions for discovery
Prior to joining the firm, Max was an Associate with a boutique bankruptcy and commercial litigation law firm in midtown Manhattan where he researched various bankruptcy-related issues such as the filing of UCC-1 financial statements, whether claims are deemed as secured or unsecured, overcoming the business judgment standard, the procedures of Subchapter V of Chapter 11 cases, and the removal of directors from a corporation. Max also drafted affidavits, motions, supplements to motions, notices, and arbitration documents on behalf of the attorneys and their clients and participated in depositions, court hearings, client meetings, and auctions with the attorneys.
Max began his career as an Associate at a mid-sized Manhattan-based bankruptcy, litigation, IP and corporate real estate law firm where he conducted research regarding issues such as lost profits for unopened businesses, disclosure of investors in the cannabis industry, and the statute of limitations for mortgage foreclosure claims. Drafted memoranda for internal office use and clients. He also assisted with drafting documents for discovery, hearings, arbitrations, trials, and mediations and participated in depositions, oral arguments, and conferences with other attorneys.
Max obtained his Juris Doctor from Hofstra Law School where he also was a recipient of a Bronze Public Service Certificate for completing 250 or more hours of pro-bono legal services and was awarded for excellence in clinical coursework in the Federal Tax Clinic. Max got his B.A. in political science with an IT minor from UMASS Amherst where he was a member of Pi Kappa Phi Fraternity and made the Dean’s list in Spring 2015, 2016 and 2017.
Representative Matters
- Represented a national beach-shop chain for clothing and gear from swimsuits, T-shirts and flip-flops to toys and souvenirs in a successful reorganization under Chapter 11 after negotiating a global settlement with its largest competitor and creditor.
- Represented two related Westchester-based vegan restaurants in a successful reorganization under Subchapter V of Chapter 11 of the Bankruptcy Code.
- Represented several individuals in various Chapter 11 cases with personally guaranteed debt in relation to business related debts, helped these clients resolve their debts through settlements with their largest creditors, and successfully emerge from Chapter 11 under consensual plans of reorganization.
- Represented a catering hall in an involuntary Chapter 11 case, successfully dismissed the involuntary bankruptcy petition, and awarded damages and legal fees.
- Represented several single asset real estate debtors in Chapter 11 and assisted in Section 363 sales of their properties resulting in successful restructurings, distributions to secured and unsecured creditors, and payment of priority and administrative expenses claims.
- Represented two Florida-based firearm stores in related Chapter 11 proceedings in the Northern District of Florida in connection with debt owed to various merchant cash advance lenders. Successfully drafted first-day motions and orders as well as the first-day declaration in support of the Chapter 11 cases. Drafted adversary complaint disputing, among other things, the nature, extent, and validity of secured lienholders and avoiding unperfected claims for the benefit of the estates.
- Counsel to several construction companies in successful Chapter 7 liquidations.
- Represent a Florida-based chain of restaurants and commissaries in related Chapter 11 proceedings in the Southern District of Florida in connection with debt owed to vendors, merchant cash advance lenders, and financers as a result of the Covid-19 Pandemic.
- Represent numerous NYC-based restaurants in Subchapter V of Chapter 11 cases and Chapter 11 cases in connection with debts owed to the United States Small Business Administration and various creditors as a result of the shutdowns caused by the Covid-19 Pandemic.
- Counsel to unsecured creditors and assisted with filing proofs of claim, reviewing their treatment under proposed plans, and other claim analysis in connection with the Chapter 11 bankruptcies of Bed Bath & Beyond, Inc. and BlockFi, Inc.