General Information

  • Eric has particular expertise in mediation, bankruptcy avoidance litigation including preferences and general bankruptcy practice.
  • His Martindale-Hubbell Peer Review Rating is AV Preeminent reflecting the highest ethical standards and legal ability.
  • Eric has also been the mediator for hundreds of preference and fraudulent conveyance lawsuits seeking recovery of varying amounts from as low as $10,000 to as high as $19 million. They span a wide variety of industries and include cases such as Kodak, Delphi Automotive Systems, WP Steel, Greenwich Sentry Partners, Quebecor World (USA), Tower Manufacturing, Value City Department Stores, BearingPoint, Ultimate Electronics and Penn Traffic.
  • He was recently named to the panel of mediators for clawback actions brought in the Sears and Fyre Festival cases. Eric serves on the panel of mediators in the bankruptcy courts in Delaware and the Southern and Eastern Districts of New York.
  • Eric has defended and prosecuted hundreds of preference and other avoidance actions in courts throughout the United States.  As a result, Mr. Haber has a deep understanding of the strategies to be employed in such litigation from a variety of different perspectives.
  • Eric was an instructor at the American Bankruptcy Institute’s Bankruptcy Mediation Training programs. In addition, he has written articles on preferences, mediation, and other bankruptcy issues and has spoken at several organizations, including the New York Institute of Credit and The Knowledge Congress.

Prior Employment

  • Cooley LLP – Special Counsel in Business Restructuring and Reorganization Group, 2006-2019
  • Kronish Lieb Weiner & Hellman LLP – Special Counsel in Bankruptcy Group, 1998-2006
  • Siegel Sommers & Schwartz LLP – Partner (1996-1998) and Associate (1989-1995) in boutique firm specializing in bankruptcy
  • U.S. Securities and Exchange Commission – Staff Attorney in Reorganization Division, 1984-1989

Education

  • New York University School of Law JD, 1983
  • Harvard University BA, 1979, cum laude
  • Stuyvesant H.S., 1975

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Memberships

  • American Bankruptcy Institute
  • American Bankruptcy Institute Bankruptcy Mediation Committee

Specific Case Experience

  • Eric has also been the mediator for hundreds of preference and fraudulent conveyance lawsuits seeking recovery of varying amounts from as low as $10,000 to as high as $19 million. They span a wide variety of industries and include cases such as Kodak, Delphi Automotive Systems, WP Steel, Greenwich Sentry Partners, Quebecor World (USA), Tower Manufacturing, Value City Department Stores, BearingPoint, Ultimate Electronics and Penn Traffic. He was recently named to the panel of mediators for preference actions brought in the Sears case.

Matters handled by Eric Haber as a mediator include:

  • Resolution of preference actions seeking recovery of $19 million and $2.4 million when serving as mediator in the Quebecor World (USA) bankruptcy case.
  • Resolution of preference actions seeking recovery of $7.1 million and $2.1 million when serving as mediator in the Delphi Automotive Systems bankruptcy case.
  • Resolution of preference action seeking recovery of $3.0 million in WP Steel bankruptcy case.
  • Defense of preference actions seeking recovery of $30 million from Graphic Communications Holdings, $11 million from Logitech Inc. and $2.5 million from D&H Distributing Co., in the Circuit City bankruptcy trustee.
  • He has been involved in several bankruptcies on behalf of distressed investors, representing debenture holders in the Composite Technology, Horizon Natural Resources and Universal Food cases and the equity committees in the Seitel, Peregrine Systems and Bush Industries cases.
  • In addition, he also has significant experience representing creditors committees in a variety of industries including retail and barter-related businesses such as BTWW Retail, The Sharper Image, Norstan Apparel, MRI North America, Filene’s and Montgomery Ward. Eric also has experience representing debtors in the Bayonne Medical Center and Okura & Co. (America) proceedings.