Alan Kolod is Senior Counsel and a member of the firm’s Bankruptcy & Creditors' Rights and Banking & Finance groups. He also practices in the Corporate Trust & Agency and Digital Assets areas, among others.  Alan formerly served as chair of the firm’s Management Committee and, before that, as Managing Partner. 

Alan has over forty years' experience resolving complex disputes for his clients in the banking, financial services, investment advisory, market-place lending, Fin/Tech and depositary receipts industries. He advises banks, investors, investment advisors, indenture trustees, agents and depositaries on business, litigation, fiduciary duty and risk-management issues.

His practice has a particular emphasis on banking, fiduciary duty, bankruptcy, reorganization, insolvency law and litigation. In insolvency cases, he represents creditors' committees, debtors, indenture trustees and agents, lessors, secured creditors, plan funders and asset purchasers. With respect to insolvency-related litigation, his practice covers defense and prosecution of fraudulent or voidable transfer, preference and lender liability claims. Alan has substantial experience in inter-creditor disputes, Chapter 15 and cross-border insolvency proceedings and the laws governing the fiduciary duties of directors of insolvent corporations.

Alan represents indenture trustees in connection with defaults, enforcement of noteholder rights, insolvency proceedings and as members of creditors' committees. He has also represented indenture trustees in inter-creditor disputes and in the prosecution and defense of litigation.

He has actively represented significant parties in such major insolvency cases as the Sri Lank sovereign debt restructuring, Petroplus, the Icelandic bank insolvencies, Lehman Brothers, Fairfield Sentry, Enron, Leasing Solutions, Eastern Airlines, Continental Airlines, Orion Pictures, Lomas Financial, Envirodyne, Telemundo Group, Lonestar Cement, Jamesway and McCrory Corporation.

He represented the Creditors' Committees in the bankruptcy cases of retail jewelry chains Ultra, Whitehall, Friedman's and Crescent.

He has successfully represented both plaintiffs and defendants in major transfer-avoidance litigations, including claims arising from failed leveraged buyouts, in connection with cases such as the Lehman,  Inversiones Gasa,  Greektown Casino, Healthco International and Envirodyne Industries bankruptcies.  

Alan is a trained mediator and has been appointed to the Mediation Panels of the United States Bankruptcy Courts for the Southern District of New York and the District of Delaware.

Alan has also served as an independent director on the Boards of Telemundo Group, Inc. and Daticon Inc., and, as such, was active in the successful sale of each company. He is rated AV® Preeminent™ in his field by Martindale and has repeatedly been listed in Law & Politics' New York Super Lawyers®.

Alan has been particularly active through the New York City Bar Association in legislative efforts to combat documentary fraud and, particularly, to do so by promoting the use of electronic records and technologies with robust antifraud protections.  Alan is a member of, and chaired for five years, the City Bar Committee on Commercial Law and Uniform State Laws.  In that capacity he led efforts to enact the Uniform Law Commission’s Uniform Voidable Transactions Act to replace New York’s Fraudulent Conveyance Law and the amendments to the Executive Law to authorize remote electronic notarization and to persuade the Governor to veto the bill repealing the regulation requiring notaries to maintain journals.  He chaired the drafting subcommittee which wrote the City Bar report recommending enactment of the proposed 2022 Amendments to the New York Commercial Code to recognize transferable electronic records. 

Alan is currently working on City Bar projects involving potential enactment of the Uniform Special Deposits Act, the Electronic Signatures and Records Act to include provisions of the ULC’s Uniform Electronic Transactions Act, a law to authorize electronic estate planning documents, and a law to authorize remote notarization of paper and ink records with stringent anti-fraud provisions.  

Allan is a fellow of the American College of Commercial Finance Lawyers.

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