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Natan Hamerman
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- Partner
- New York
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Natan Hamerman is a litigator with more than 20 years of experience handling a broad range of disputes, particularly high-profile Chapter 11 bankruptcy cases, distressed real estate disputes, and other complex financial and commercial cases. Natan is a trusted advisor and fierce advocate at all stages of litigation, from crafting initial strategies to drafting pleadings, arguing motions, taking and defending depositions, and leading trials. In bankruptcy cases, Natan represents diverse parties, including official creditors’ committees, bondholders, and secured and unsecured creditors, as well as debtors. He is particularly known for leading investigations to uncover estate assets. In his real estate-related work, Natan represents lenders, developers, landlords and tenants in a broad range of disputes — particularly in situations where the property is in distress — including lender liability claims, real property and Uniform Commercial Code (UCC) foreclosure disputes, liquidated damages claims, commercial lease interpretation cases, and construction-related litigation.
Experience
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Endo International plc – Ongoing representation of the Official Committee of Unsecured Creditors of Endo International, a specialty pharmaceutical company that filed for Chapter 11 bankruptcy in 2022 with more than $8 billion in debt and embroiled in significant opioid litigation. Leading the team of Kramer Levin lawyers undertaking the committee’s investigations focused on identifying unencumbered assets and maximizing value for the benefit of unsecured creditors, and coordinating Kramer Levin’s multifaceted litigation efforts.
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LATAM Airlines – Representation of a large group of funds holding over $5.5 billion in face amount of unsecured claims against LATAM Airlines, a Chilean company and the largest airline in Latin America, which filed for bankruptcy in May 2020. Led many of Kramer Levin’s litigation efforts, including successfully defending clients against document discovery requests, undertaking offensive and defensive deposition efforts, and coordinating the debtors’ confirmation trial efforts, examinations, cross-examinations, summations and briefing.
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Hertz Global Holdings Inc. – Representation of the Official Committee of Unsecured Creditors, including in a cash collateral challenge proceeding, litigation relating to the committee’s objection to the sale of Hertz’s fleet management business, and numerous other litigation efforts. Obtained standing to prosecute claims on behalf of the estate relating to the scope, extent and validity of Hertz’s pre-petition first and second lien lenders’ liens.
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Puerto Rico Electric Power Authority – Representation of an ad hoc group of institutions holding approximately $4 billion in secured bonds issued by the Puerto Rico Electric Power Authority in connection with the authority’s restructuring.
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Caesars Entertainment Operating Co. – Representation of an ad hoc group of institutions holding more than $4 billion in first lien bonds issued by Caesars Entertainment Operating Co. (owner and operator of Caesars Palace and 30 other casinos and resorts under the Bally’s, Harrah’s and Horseshoe brands, among others) in connection with the restructuring of the company and related litigation.
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Residential Capital (ResCap) – Representation, as a member of the core bankruptcy team, of the Unsecured Creditors’ Committee in the ResCap bankruptcy, including in the litigation against junior secured noteholders seeking nearly $380 million in post-petition interest and attorneys’ fees and in the investigation that the committee then leveraged into a $2.1 billion comprehensive settlement among ResCap, parent company Ally Financial Inc. and ResCap’s major creditor constituencies.
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Genco Shipping & Trading – Representation of the international dry bulk shipping company in its successful $1.4 billion restructuring, including a hotly contested valuation fight and a four-day trial.
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NII Holdings Inc. – Representation, as part of the core bankruptcy team, of the Official Committee of Unsecured Creditors in the bankruptcy case of a leading provider of mobile communication services operating under the Nextel brand in Latin America, which involved months of discovery and a nine-day trial, after which the bankruptcy court confirmed the Chapter 11 plan jointly proposed by the debtors and the creditors’ committee, resolving numerous disputed claims.
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Represented lender Sutton 58 Associates LLC (an affiliate of Gamma Real Estate) in the bankruptcies of BH Sutton Mezz LLC and Sutton 58 Owner LLC (affiliated with The Bauhouse Group). Successfully enforced client’s $147 million loan agreements and defended client against lender liability claims at the trial of an adversary proceeding commenced by the debtors.
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Represented property owner Vernon Realty Holding LLC, in multiple litigations relating to 44-02 Vernon Boulevard, a 28-acre site that is part of a planned 112 million-square-foot development along the Long Island City waterfront. Successfully led a unique, multiyear court battle concerning repayment of $96.9 million in loans, and defeated the plaintiff-noteholder’s “loan-to-own” strategy through aggressive motion and appellate practice.
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Represented DW Commercial Finance LLC in successfully opposing a motion for a preliminary injunction seeking to enjoin a UCC foreclosure sale, obtaining a precedent-setting decision that dual collateral loans, secured by both a mortgage and a pledge of membership interests in the borrower, do not clog the equity of redemption.
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Represented Forest City in three interrelated construction and business-divorce disputes involving a $116 million construction project in Atlantic Yards, Brooklyn, and an innovative modular construction business, acting as lead draftsman of pleadings, motions and appellate briefs, and as lead attorney on all discovery matters, including successful resolution of a cross-border deposition dispute.
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Successfully represented a developer in a four-day bench trial in connection with a dispute involving the purchase of an $18.5 million cooperative apartment.
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Successfully represented numerous tenants in applications for Yellowstone injunctions to prevent termination of long-term ground and net leases, including a number of bet-the-company cases involving leaseholds valued in excess of $100 million.
Credentials
Education
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J.D., New York University School of Law, 2001 -
Casebook Editor and Member, Moot Court Board, 1999-2001
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Order of the Barristers
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Norman S. Ostrow Award
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B.S., with honors, Cornell University School of Industrial and Labor Relations, 1998
Bar Admissions
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New York, 2002
Court Admissions
- U.S.C.A., 1st Circuit
- U.S.C.A., 2nd Circuit
- U.S.D.C., Eastern District of New York
- U.S.D.C., Southern District of New York
Professional Affiliations
- New York City Bar Association; Real Property Law Committee, Committee on State Courts of Superior Jurisdiction
- New York County Democratic Committee’s 2018 Supreme Court Independent Judicial Screening Panel
- New York State Bar Association
Languages
- French
- Hebrew
Focus Areas
- Bankruptcy Litigation and Investigations
- Bankruptcy and Restructuring
- Creditor Committee Representations
- Bondholder, Lender and Other Creditor Representations
- Debtor and Company-Side Representations
- Real Estate Workouts, Restructurings and Distressed Debt
- Real Estate Litigation
- Real Estate
- Complex Commercial Litigation
- Financial Services Litigation
- Litigation
- Special Situations
- Distressed Investing
- Private Credit
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