Skip to Content

David J. Kozlowski

Partner
David J. Kozlowski's headshot
David J. Kozlowski Partner

David J. Kozlowski helps companies navigate business and insolvency concerns, and litigates related issues in major markets throughout the country. Clients such as debtors-in-possession, lenders, landlords, asset purchasers and other parties-in-interest rely on Dave’s counsel in navigating matters in cases ranging from large bankruptcy filings to out of court restructurings.

Start-ups and small/closely-held businesses also turn to Dave to prepare formative documents and initial agreements, negotiate contractual concerns and assist with corporate governance issues.

Prior to joining Morrison Cohen, Dave worked in the Bankruptcy & Financial Restructuring group at Arent Fox LLP (now ArentFox Schiff). He began his career as law clerk for the Hon. John. C. Ninfo, II (Bankr. W.D.N.Y.). In law school, Dave interned for the Hon. Kevin Thomas Duffy (S.D.N.Y.) and the Hon. Jerome Feller (Bankr. E.D.N.Y.).

Experience

  • Quadrum Development Corp. in its $95 million purchase of Brooklyn’s Williamsburg Hotel at bankruptcy auction. Winner of the M&A Advisor Awards “Deal of the Year, Restructuring (Under $100 Million), 2023” and the Global M&A Network “Global Special Situation M&A Deal of the Year, 2024.”
  • Guild Investment Group LLC (nka Guild Ventures LLC) in its successful purchase of lender debt and litigation to allow foreclosure of multi-million dollar property in Albany, NY.
  • Daol Rexmark, a New York-based lender acting as U.S. agent for Korea-based Kookmin Bank, in UCC foreclosure against borrower Ashkenazy Acquisition Corp., regarding ownership of Washington D.C.’s Union Station. Rexmark was granted a preliminary injunction and declared temporary rightful owner of Union Station in the Southern District of New York.
  • Be-Aviv 286 Rider LLC, pre-petition lender and DIP Lender in the 286 Rider Ave Acquisition LLC chapter 11 case, in its successful recovery of 100% of its loan debt (including principal, interest, and default interest) and 95% of all pre- and post-petition attorneys fees via exercise of a pledge that put the borrower into Chapter 11.
  • Double Bowery Funding LLC and Bowery Mezz LLC, as pre-petition and DIP lender in 2 Bowery and 26 Bowery LLC Chapter 11 cases; exercised pledge of membership interests to put borrowers into Chapter 11.
  • Furla (U.S.A.) Inc., a leading brand in the premium leather goods market, in the successful reorganization of its U.S. business under Subchapter V of the Bankruptcy Code.
  • U.S. subsidiaries of Geox, a leading fashion retailer, in their successful reorganizations of under Subchapter V of the Bankruptcy Code.
  • Phoenix Brands, LLC, a nationally recognized laundry and fabric care company, as Debtor-in-Possession in its successful Chapter 11 bankruptcy case.
  • Production Resource Group (PRG), the world’s leading provider of entertainment and event technology solutions, in connection with its multi-billion dollar acquisition of competitor VER, as part of VER’s pre-negotiated Chapter 11.
  • Quadrum Global and its affiliates, creditor and proponent of successfully confirmed Chapter 11 Creditor Plan in Vernon 4540 Realty, LLC in the Southern District of New York.
  • Representation of NYC Transportation Regional Center, an EB-5 Program entity, in the over 130 co-debtor National Realty Investment Advisors LLC Chapter 11 cases.
  • 500 Eighth Avenue LLC as landlord in its successful recovery of a substantial portion of its pre- and postpetition rents in the Corinthian Communications Inc. Chapter 11 bankruptcy case (filed under Subchapter V of the Bankruptcy Code).
  • Ad Hoc Committee of Consignment Vendors and apparel and jewelry consignors in Neiman Marcus and Sears bankruptcies. Successfully protected consignor rights.
  • Castlegate Credit Opportunities Fund, LLC, pre-petition lender and secured creditor in the JAB Energy Solutions II, LLC Chapter 11 case pending in Delaware.
  • Mynd Spa & Salon, Inc., fka Red Door Salons, Inc., fdba Elizabeth Arden Resort Spas, Inc. in its Chapter 7 bankruptcy.
  • Churchill Real Estate Holdings LLC in multiple Chapter 11 cases.
  • Wellpoint and its subsidiary, Empire HealthChoice Assurance, Inc., d/b/a Empire Blue Cross/Blue Shield in multiple Chapter 11 cases.

Prior to Joining Morrison Cohen

  • Official Committees of Unsecured Creditors
    • Cengage Learning, Inc. (E.D.N.Y.; with approx. $7.5 billion in assets, the largest Chapter 11 filing of 2013)
    • Accredited Home Lenders Holding Co. (D. Del.)
    • Albert Lindley Lee Memorial Hospital (N.D.N.Y.)
    • BH S&B Holdings LLC (Steve & Barry’s) (S.D.N.Y.)
    • Creative Group, Inc. (S.D.N.Y.)
    • Designer License Holding Company (S.D.N.Y.)
    • DHP Holdings II Corporation (D. Del.)
    • Endicott Interconnect Technologies, Inc. (N.D.N.Y.)
    • Fortunoff Holdings, LLC (S.D.N.Y.)
    • HydroGen, LLC (S.D.N.Y.)
    • Jazz Products, LLC (D.N.J.)
    • Med-Depot, Inc. (E.D. Tex.)
    • Mohawk Valley Nursing Home, Inc. (N.D.N.Y.)
    • Norwood Promotional Products Holdings, Inc. (D. Del.)
    • Peninsula Hospital Center (E.D.N.Y.)
    • Rock & Republic Enterprises, Inc. (S.D.N.Y.)
    • Westgate Nursing Home, Inc. (W.D.N.Y.)
    • WorldSpace, Inc. (D. Del.) 
  • Other Representations
    • Morgan Industries Corporation (D.N.J.; Chapter 11 Debtor-in-Possession)
    • Fairpoint Communications, Inc. (S.D.N.Y.; State of Maine regulatory agencies)
    • Creative Group, Inc. et al. (S.D.N.Y.; Creditor Trust; Official Committee of Unsecured Creditors)
    • Chem Rx Pharmacy Services (outside general counsel)
    • Advantage Funding (outside bankruptcy counsel)
    • Medline Industries, Inc. (outside bankruptcy counsel)
    • PharMerica Corp. (outside bankruptcy counsel)

Professional Activities

  • Member, American Bankruptcy Institute
  • Member, Morrison Cohen Diversity, Equity, and Inclusion Committee
  • Board Member, Society of Voice Arts and Sciences (SOVAS)
  • Member, Stamford, CT Environmental Protection Board

Recognition

  • Recipient, M&A Advisor Awards Restructuring Deal of the Year (Under $100 Million) for the restructuring and sale of the Williamsburg Hotel, presented November 2023. Represented Quadrum Development Corp. as bankruptcy counsel in its $95 million purchase of Brooklyn’s Williamsburg Hotel at bankruptcy auction.

  • Lead Counsel Verified in Bankruptcy – Business, Business Law (2016 – present)

  • Lead Counsel Verified in Bankruptcy – Business, Business Law (2016 - present)
  • Legal Elite – Best for Strategic Litigation, New York (2015)
David J. Kozlowski's headshot

Education

  • St. John's University School, J.D.
  • Western Connecticut State University, B.A.

Bar Admissions

  • New York
  • Connecticut
  • U.S. Supreme Court
  • Second Circuit Court of Appeals
  • 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 Northern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the District of Connecticut

Media & Insights