Lawrence J. Kotler

Representative Matters

• Represented Unilife Corp. (Nasdaq: UNIS / ASX: UNS) in connection with its announced effort to seek strategic alternatives, culminating in a strategic collaboration with Amgen Inc. (Nasdaq: AMGN) for Unilife's wearable injectable drug delivery systems to use with Amgen's biologics and other medicines. The deal provides Unilife with investments of up to $90 million from Amgen and restructures Unilife's existing debt with OrbiMed.

• Appointed by Judge Ashely Chan of the United States Bankruptcy Court for the Eastern District of Pennsylvania to mediate a long-standing dispute in In re William Tancredi, Case No. 14-15289.
• Appointed by Judge Magdeline Coleman to mediate a dispute in the Leroy and Sheila Ellman bankruptcy case, Case No. 14-10648, and was successful in brokering a settlement of that dispute.
• Appointed by Judge Magdeline Coleman to mediate disputes in the Donna Norris bankruptcy case, Case No. 18-18021.

Creditors' Committee Counsel in the Chapter 11 Proceedings

• In re Orleans Homebuilders, Inc.
• In re Neuromedical Systems, Inc.
• In re Zeigler Brothers, Inc.
• In re Trico Steel Company, LLC
• In re Spectrum Alliance LP

Debtors' Counsel

• In re Bricolage Capital, LLC
• In re Highlands Insurance Group, Inc.
• In re Raymond Alexander
• In re USA Finance, Inc.

Secured Creditor's Counsel

• In re Philadelphia Entertainment Development Partners
• In re Creative Group, Inc.
• In re Adelphia Communications Corp.
• In re VOC Analytical Laboratories, Inc.
• In re Triangle Petroleum

• In re Hajjar Business Holdings, LLC

• In re NNN 400 Capital Center 16, LLC

• In re Quantum Transportation LLC

Trustee's Counsel

• In re Swarthmore Group, PA

• In re Boyertown Auto Body Works, Inc.
• In re Fabulous Fitness, Inc.
• In re Bayard Sales Corp.
• In re Ira Pressman and PJI Distribution Corp.
• In re Oldco M Corporation (f/k/a Metaldyne Corporation) (liquidating trustee)
• In re Bricolage Capital, LLC (liquidating trustee)
• In re EZ Lube, LLC (liquidating trustee)
• In re Trident, LLC
• In re Image Masters, Inc., et al.
• In re Arnold Schlein
• In re Kenneth Brumberger
• In re Michael A. Carr
• In re Philip J. Moldofsky

• In re Ivan Jeffery

• In re WM Robots, LLC

• In re Fitzpatrick Container Corp.

• In re Precise Graphix, LLC

• In re Jay S. Rosenblum

Creditor's Counsel

• Represented Claims Recovery Group LLC, as assignee of Hormel Foods Corporation, in the AgFeed Industries Inc. bankruptcy cases and helped them collect on account of an assigned $2.8 million Hormel claim against the hog producer.

• Represented the landlord in the Fontana Automotive bankruptcy cases.

• Represents Cedar Glade Capital in the Monaco Coach bankruptcy case.

• Represents Bower Lewis Thrower Architects, Ltd. in the National Realty et al bankruptcy cases.

• Represents StoneMor Operating LLC in the Moon Group, Inc. et al bankruptcy cases.

• Represented Leeding Builders Group in the Cassway Contracting bankruptcy case.

• Represents administrative creditor, Pharmscript of Texas, LLC, in the bankruptcy cases of In re Remarkable Healthcare of Carrollton, L.P.
• Represents Bank United, the largest creditor in the bankruptcy cases of In re Season’s Corporation, LLC.

Admissions

• Delaware
• New York
• Pennsylvania
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the District of Delaware
• U.S. District Court for the Middle District of Pennsylvania
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Western District of New York
• U.S. District Court for the Eastern District of New York

Education

• Boston University School of Law, J.D., 1989
• University of Pennsylvania, B.A., with honors in the major, 1986

Experience

• Duane Morris LLP
  - Partner, 2001-present
• Buchanan Ingersoll, P.C., Philadelphia, Pennsylvania
  - Shareholder, 2001
  - Counsel, 2000
  - Associate, 1993-1999
• Adelman Lavine Gold & Levin, P.C., Philadelphia, Pennsylvania
  - Associate, 1991-1993
• Sprecher, Felix, Visco, Hutchison & Young, Philadelphia, Pennsylvania
  - Associate, 1989-1991

Professional Activities

• Fellow, American College of Bankruptcy, Co-Chair of the Educational Committee for the Third Circuit
• Certified by the American Board of Certification in Business Bankruptcy Law
• Eastern District of Pennsylvania Bankruptcy Conference
  - Past Chairman

• Consumer Bankruptcy Assistance Project
  - Board Member and Past President
  - Executive Committee Member

• American Bankruptcy Law Institute

• Delaware Bankruptcy American Inn of Courts

Honors and Awards

• Recipient, 2024 David T. Sykes Award from the Eastern District of Pennsylvania Bankruptcy Conference and the Consumer Bankruptcy Assistance Project (CBAP)

• Listed in Chambers USA: America's Leading Business Lawyers, 2006-2024

• Named a Best Lawyers "Lawyer of the Year" in Litigation - Bankruptcy, Philadephia, 2023 and 2025
• Senior Fellow, Litigation Counsel of America
• Named to the Philadelphia Business Journal's "Best of the Bar" for Bankruptcy, 2022
• Recipient of the 2010 Large Turnaround Award from the Turnaround Management Association
• Listed in Avenue magazine's Legal Elite, 2010 and 2011

• Listed in Pennsylvania Super Lawyers for Bankruptcy and Workout, New York Metro Super Lawyers and Super Lawyers, Corporate Counsel Edition

• Listed in The Best Lawyers in America in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Board Memberships

• Law360's Editorial Advisory Board for Bankruptcy, 2024

• Board of Directors, Consumer Bankruptcy Assistance Project
  - Award for Outstanding Volunteer Service, 1999 and 2001

• Homeless Advocacy Project, Executive Vice President

• Gladwyne Fire Company- Board Member 2020-present

• Gladwyne Library, 2016-2022, President, 2021-2022

Selected Publications

• Co-author, "Fifth Circuit Sides With Fourth Circuit and Rules That Discharge Exceptions Apply to Corporate Subchapter V Debtors," The Legal Intelligencer, September 27, 2024
• Co-author, “What Rescheduling Could Mean For Cannabis Bankruptcies,” The Temple 10-Q, July 15, 2024
• Co-author, "Always Ask for Permission and Never Forgiveness: Court Clarifies Self-Executing Nature of Certain Nondischargeable Debts," The Legal Intelligencer, May 20, 2024
• Co-author, "Ninth Circ. Bankruptcy Appellate Panel: Corporate Debtors in Subchapter V Are Not Subject to Discharge Exceptions," The Legal Intelligencer, March 22, 2024

• Author, "'Tew': A Primer on Post-Confirmation Bankruptcy Jurisdiction," The Legal Intelligencer, December 5, 2023

• Co-author, "Chapter 5 Avoidance Actions Can be Sold to Creditors Under Section 363(f) of the Bankruptcy Code," The Legal Intelligencer, September 28, 2023
• Co-author, "Timing Is Everything: Bankruptcy Court Offers Guidance on When a Case Is Considered ‘Filed,’" The Legal Intelligencer, August 10, 2023
• Co-author, "U.S. Supreme Court Clarifies Scope of Nondischargeable Debt in Favor of Victims of Fraud," The Banking Law Journal, June 2023
• Co-author, "Fourth Circuit: Discharge Exceptions Apply to Corporate Debtors in Subchapter V," The Legal Intelligencer, May 18, 2023
• Co-author, "Court: An Ongoing Business Is Not Required for a ‘Good Faith’ Reorganization Under Chapter 11," The Legal Intelligencer, February 9, 2023
• Author, "Bankruptcy Court Rejects Equity Holder's Challenge to Revoke Confirmation Order in 'Virgin Orbit'," Delaware Business Court Insider, April 24, 2024
• Co-author, "What Rescheduling Could Mean For Cannabis Bankruptcies," Law360, March 27, 2024
• Co-author, "Will Bankruptcy Relief Reach Struggling Cannabis Businesses?" Cannabis Business Times, March 18, 2024
• Co-author, "Mere Presence of Cannabis Near a Bankruptcy Case Does Not Automatically Preclude Relief," The Legal Intelligencer, February 2, 2024
• Co-author, "Bankruptcy Court Sides With Cannabis Business (Twice) in Reorg Plan," The Legal Intelligencer, November 2, 2023
• Author, "'SC SJ Holdings': Plan Modification/Revocation Deadlines Are Strictly Construed and Enforced," Delaware Business Court Insider, April 12, 2023
• Co-author, "Failure to Timely Object Can Lead to an Enormous Exemption Loophole: A Cautionary Tale," The Legal Intelligencer, March 27, 2023
• Co-author, "Supreme Court Clarifies Scope of Nondischargeable Debt in Favor of Victims of Fraud," Duane Morris Alert, February 27, 2023, Republished in The Banking Law Journal June 2023 Issue
• Co-author, "Colo. Ruling Signals Shift In Debtor Cannabis Involvement" Law360, December 8, 2022
• Co-author, "Debtor's Alleged Ownership Interest in Cannabis-Related Companies Did Not Compel Dismissal of Bankruptcy Case, Rather Than Conversion to Chapter 7," Duane Morris Alert, November 15, 2022
• Author, "Ruling in 'RC JRV Trust' a Reminder for Practitioners to Obtain, Properly Serve a Summons," Delaware Business Court Insider, September 28, 2022
• Author, "Buyer Beware: 'Undisclosed' Liabilities in Asset Purchase Agreements," Delaware Business Court Insider, October 13, 2021
• Author, "Bankruptcy Court Rejects US Trustee Fees on Distributions From Trust in 'Paragon Offshore'," Delaware Business Court Insider, September 8, 2021
• Co-author, "Third Circuit Finds Sovereign Immunity Defense Does Not Apply If the Proceeding Furthers a Bankruptcy Court's Jurisdiction Over Estate Property," Duane Morris Alert, June 7, 2021
• Co-author, "Court Addresses Arbitration Provision in Connection With Post-Petition Debtor Contracts," Delaware Business Court Insider, October 7, 2020
• Co-author, "Third Circuit Court of Appeals Establishes New Analysis for Cramdown Cases," Duane Morris Alert, September 24, 2020
• Author, "An Analysis of Actionable Breach of Fiduciary Duty Claims," Delaware Business Court Insider, December 18, 2019
• Author, "An Analysis of Actionable Breach of Fiduciary Duty Claims," Law.com, December 18, 2019
• Co-author, "The Liquidating Fiduciary Exception and Administrative Status," The Legal Intelligencer, August 17, 2017
• Co-author, "Post-Petition Interest In A Solvent Case: What Interest Rate Controls?" The Legal Intelligencer, August 18, 2016
• Author, "Critical Vendor May Be Absolute Defense to Preference Claim," Delaware Business Court Insider, November 18, 2015
• Author, "Fraudulent Transfer, Breach of Fiduciary Duty Claims Constitute Equitable Tolling," Delaware Business Court Insider, July 29, 2015
• Author, "Section 328 and Its 'Two-Way Ratchet'," Delaware Business Court Insider, March 25, 2015
• Author, "Section 1113 Applies to Expired Collective Bargaining Agreements," Delaware Business Court Insider, November 19, 2014
• Co-author, "Second Circuit's Significant Decision Could Impact Liquidating Trustees," Duane Morris Alert, August 28, 2014
• Author, "Dismissed for Improper Strategic Use of Motions," Delaware Business Court Insider, July 23, 2014
• Co-author, "Controlling Date of a Subsequent New Value Defense," Delaware Business Court Insider, March 12, 2014

• Author, "U.S. Supreme Court Resolves Circuit Split in Bullock v. BankChampaign, N.A.," Duane Morris Alert, June 24, 2013

• Co-author, "Plaintiff Not Permitted to Toll § 548's Two Year Look Back Period," American Bankruptcy Institute Journal, April 2012

• Co-author, "District Court Reins in Significantly Expanded 'Good Faith' Inquiry Obligation Under § 548(c) of the Bankruptcy Code," Norton Journal of Bankruptcy, April 2011

• Co-author, "Rangers', Coyotes' Asset-Purchase Agreements, Trumping Bankruptcy's Fundamental Goals?", American Bankruptcy Institute Journal, September 2010
• "Are Equitable Subordination and Disallowance Under 11 U.S.C.A. § 502(d) Attributes of a Claim or Personal Disabilities of the Claimant? An Analysis of Enron Corp v. Springfield Associates, LLC," Norton Journal of Bankruptcy Law and Practice, April 2008

• "From Investors Funding to Trenwick: Have We Come Full Circle with Respect to the Tort of Deepening Insolvency?", Norton Journal of Bankruptcy Law and Practice, August 2007 - cited in the Bankruptcy Litigation Blog (http://www.bankruptcylitigationblog.com) as "Pick of the Month," May 2007

• "Claim Purchasers Beware: No Good-Faith Defense to Equitable Subordination," American Bankruptcy Institute Journal, February 25, 2006 - Mentioned on the Bankruptcy Litigation Blog (http://www.bankruptcylitigationblog.com) as "Pick of the Month," February 2006

Selected Speaking Engagements

• Presenter, "Mainstreaming Cannabis: Bankruptcy, Receiverships and Reorganization," Duane Morris Cannabis Webinar, February 7, 2024
• Panelist, "For Debtors Facing Post-petition Interest and Make Whole Obligations, It ‘Hertz so Good’…Unless They’re Solvent," Association of Insolvency & Restructuring Advisors 39th Annual Bankruptcy and Restructuring Conference, June 9, 2023 
• Panelist, "Important Issues Affecting Chapter 11 Practitioners: Hot Topics in Chapter 11 Cases," American College of Bankruptcy Webinar, January 18, 2023
• Moderator, "2022 -- The Year in Review from the Perspectives of Judges and Attorneys," AIRA Annual Advanced Restructuring and Plan of Reorganization Conference, November 14, 2022
• Presenter, Duane Morris LLP Annual Fall Finance and Restructuring Seminar, Webinar, October 20, 2021 
• Presenter, "Cannabis 401: How to Prevent Your Cannabis Investment from Going Up in Smoke: Tips for Having a Successful Cannabis Workout," Duane Morris Cannabis Webinar Series, February 25, 2021

• Presenter, "Mock Appellate Argument on the Extraterritorial Impact of Avoidance Powers," American College of Bankruptcy, Wilmington, DE, February 19, 2019

• Presenter, Pennsylvania Bar Institute, 23rd Annual Bankruptcy Institute

• Presenter, "Choose Your Own Ethics Adventure," Eastern District of Pennsylvania Bankruptcy Conference 29th Annual Forum, Philadelphia, January 18, 2018

• Speaker, "Structuring Security Agreements and Managing Risks in an Insured's Bankruptcy Case," Risk Management Association, May 1, 2018

• Presenter, "Professional Liability & Insurance Coverage for Failing to Discover/Disclose a Client's Fraud? Yes in Feldman v. Raggi & Weinstein (the Ira Pressman Ponzi Scheme) Updated," November 20, 2017

• Panelist, 22nd Annual Bankruptcy Institute, presented cases from other courts, January 2017

• Panelist, Supreme Court/Third Circuit Peer Review, Eastern District of Pennsylvania Bankruptcy Conference, January 21, 2011
• Speaker, "Chapter 11 Real Estate – Problems Facing Lenders, Developers and Other Borrowers In The Current Climate," 15th Annual Bankruptcy Institute sponsored by the Pennsylvania Bar Institute, April 22, 2010
• Speaker, "Stump The Experts," 14th Annual Bankruptcy Institute sponsored by the Pennsylvania Bar Institute, October 29, 2009
• Moderator and Co-panelist, "Private Equity vs. Hedge Funds," 6th Annual Distressed Investing Forum, February 27-28, 2008
• Co-panelist, "Officer and Director Duties Under Recent Delaware Case Law," sponsored by the Eastern District of Pennsylvania Bankruptcy Conference, October 30, 2007
• Co-panelist, "The Treatment of Pensions and Collective Bargaining Agreements in Bankruptcy," New Jersey Institute for Continuing Legal Education seminar, Newark, New Jersey, October 24, 2007
• Speaker, "Chapter 11 Confirmation Process," 12th Annual Bankruptcy Institute Sponsored by the Pennsylvania Bar Institute, September 25, 2007
• Speaker, "Current Trends, New Rules and Practical Strategies in Electronic Discovery," sponsored by the Eastern District of Pennsylvania Bankruptcy Conference
• Panel speaker, "The Swing of the Pendulum Chapter 11 After BAPCA," 2nd Annual Mid-Atlantic Bankruptcy Workshop, August 3-5, 2006
• Panel speaker, "Is Lender Liability Back? 'Deepening Insolvency' and Other Scary Topics," 10th Annual Southeast Bankruptcy Workshop, July 27-30, 2005
• Panel speaker and contributing materials author, "Deepening Insolvency: the 'Outlandish' Tort Affecting Professionals, Lenders, Insurers, Officers and Directors," 23rd Annual Spring Meeting of the American Bankruptcy Institute, April 29, 2005
• Panel speaker and contributing materials author, Annual Conference of Business Torts Subsection, Litigation Section, American Bar Association, Scottsdale, Arizona, April 13, 2004
• Presenter, "Pennsylvania Foreclosure and Related Bankruptcy and Title Issues," National Business Institute, Harrisburg, Pennsylvania, April 1, 2004
• "Debt Recharacterization and Equitable Subordination - A Lawyer's Ethical Obligations," Eighth Annual Bankruptcy Institute, Pennsylvania Bar Institute, Mechanicsburg, Pennsylvania, September 11, 2003
• Panelist, "Recent Challenges in Chapter 11 Practice in the Third Circuit," Fall Program of the Eastern District of Pennsylvania Bankruptcy Conference, Philadelphia, Pennsylvania, November 14, 2002
• Presenter, "Effective Mortgage Foreclosure Techniques in Pennsylvania." National Business Institute, Philadelphia, Pennsylvania, March 26, 2002
• Presenter, "Pennsylvania Foreclosure and Related Bankruptcy and Title Issues, National Business Institute, June 2001
• Presenter, "Fundamentals of Bankruptcy Law and Procedure," National Business Institute, Pennsylvania, March 2001