Hon. Alan S. Trust (Ret.)

Noteworthy Opinions:

• Aquila Alpha LLC v. Howard M. Ehenberg, in His Capacity as Liquidating Trustee of Orion Healthcorp (In re Orion Healthcorp, Inc.), 23-311-bk (2d Cir., Mar. 2, 2024): The Second Circuit affirmed his decision denying an F.R.C.P. Rule 60 motion to vacate a default judgment, agreeing that the bankruptcy court possessed personal jurisdiction over the defendant and that it properly applied the Rule 60(b) factors in denying defendant’s motion to vacate the default.
• Tingling v. Educational Credit Management Corp. (In re Tingling), 990 F.3d 304 (2d Cir. 2021): The Second Circuit affirmed his determination that the debtor’s student loans were non-dischargeable, as the debtor failed to satisfy the elements of the Brunner
• Jones v. Brand Law Firm, P.A. (In re Belmonte), 931 F.3d 147 (2d Cir. 2019): The Second Circuit affirmed his judgment, avoiding a post-petition mortgage lien transfer made in favor of a defendant law firm.
• Osuji v. New Century Mortg. Corp. (In re Osuji), 564 B.R. 180 (Bankr. E.D.N.Y. 2017), aff’d sub nom., Osuji v. HSBC Bank, U.S.A., Nat’l Ass’n, 580 B.R. 605 (E.D.N.Y. 2018): District Court affirmed his order, permissively abstaining from an adversary proceeding brought by a Chapter 7 debtor against various mortgage lenders.
• In re South Broadway Realty Enterprises Inc., 23-74237 (Bankr. E.D.N.Y. March 18, 2026): Allowing a Chapter 11 trustee to collect commissions on distributions made to former equity security holders in a surplus estate
• In re JNL Funding, 10-73724 (Bankr. E.D.N.Y. Jul. 31, 2020): Determining whether to allow a Chapter 7 trustee to pursue disgorgement in a converted Chapter 11 case from the Chapter 11 plan trustee to enforce the provisions of the confirmed plan
• Devices Liquidation Trust v. KMT Wireless, LLC (In re Personal Communications Devices, LLC), 588 B.R. 61 (Bankr. E.D.N.Y. 2018): Denying summary judgment in an avoidance action where the defendant asserted a “critical vendor” defense
• In re Addison, 580 B.R. 24 (Bankr. E.D.N.Y. 2018): Determining that when calculating the “means test” under Bankruptcy Code Section 707(b), a single Chapter 7 debtor can deduct expenses for operating two vehicles, and that Section 707(b) does not direct the court to look to IRS guidelines for vehicle deductions
• In re Olympia Office, 562 B.R. 8 (Bankr. E.D.N.Y. 2017): Holding, in a contentious series of real estate cases, that Chapter 11 debtor’s proposed counsel was disinterested and did not hold interests adverse to the bankruptcy estate pursuant to New York consanguinity law
• In re AJW Offshore, Ltd., 488 B.R. 551 (Bankr. E.D.N.Y. 2013): Granting additional relief under Bankruptcy Code Section 1521 in a Chapter 15 case commenced by foreign representatives who sought, inter alia, to utilize U.S. turnover powers in a Cayman Islands liquidation proceeding
• In re Int’l Tobacco Partners, Ltd. v. Ohio (In re Int’l Tobacco Partners, Ltd.), 462 B.R. 378 (Bankr. E.D.N.Y. 2011): Granting partial abstention and denying motions to dismiss and injunctive relief in a matter involving whether the State of Ohio possessed a superior right to an escrow fund, based on rights it asserted under the 1998 Master Tobacco Settlement, over those rights claimed by a Chapter 11 debtor that domestically distributed tobacco products for a foreign tobacco manufacturer
• In re JNL Funding Corp., 438 B.R. 356 (Bankr. E.D.N.Y. 2010): Denying a motion to disband the Official Committee of Unsecured Creditors appointed in a Chapter 11 case
• In re Gold & Honey, Ltd., 410 B.R. 357 (Bankr. E.D.N.Y. 2009): With related Chapter 11 cases pending in New York, declining to grant recognition under Chapter 15 to an Israeli receivership as a foreign proceeding under Bankruptcy Code Section 1506, etc.
• In re North Shore Hematology-Oncology Associates, P.C., 400 B.R. 7 (Bankr. E.D.N.Y. 2008): Establishing a test for the appointment of a patient care ombudsman under Bankruptcy Code Section 333(a)(1).

As a judge, he has also presided over matters, including:

• All aspects of Chapter 11 cases, including contested confirmation of plans of reorganization, including feasibility and liquidation analyses; contested sales of healthcare facilities, sales of operating businesses and real property auction sales; debtor in possession (DIP) financing; Chapter 11 and Chapter 7 healthcare and hospital bankruptcies; and the contested Chapter 11 reorganization of a costume distributor
• Many issues arising under Chapter 15, including Chapter 15 eligibility, discovery and competing international insolvency proceedings
• Multiple matters across a wide range of industries, including contested Chapter 7 trustee election; compensation for professionals, including Chapter 11 trustee compensation; equitable subordination; bankruptcy jurisdiction, standing and eligibility; automatic stays, including exceptions to and relief from the same; recharacterization of debt to equity; substantive consolidation; involuntary petitions; assumption and assignment of leases and executory contracts; small business debtors; denials of and exceptions to discharge (fraud, willful and malicious injury and other grounds); an estate’s avoiding powers; fraudulent transfers and defenses; preferential transfers and defenses; interfaces with non-bankruptcy receivers and non-bankruptcy criminal proceedings; priority of lien disputes; improper foreclosures; and state and federal tax lien claims, among others

As a private practitioner:

• Represented a Chapter 11 debtor holding company for a chain of pharmacies
• Represented a well-known affiliated group of steak house restaurants in Chapter 11
• Represented the Chapter 11 trustee of a domestic telecom company
• Represented the U.S. subsidiary of a foreign telecom company in an out-of-court liquidation
• Represented an oil field service provider as a Chapter 11 debtor
• Represented mineral rights owners in the Chapter 11 case of a drilling and exploration company
• Represented numerous other parties in adversary proceeding litigations and claims objections

Mediations

As a judge-mediator, he has mediated numerous bankruptcy related disputes, including:

• Numerous avoidance actions and a Chapter 11 plan dispute for which he was designated a mediator in the United States Bankruptcy Court for the Southern District of New York
• Multiple avoidance actions, including those involving commercial landlords and service providers for which he was designated a mediator by the Connecticut Bankruptcy Court
• Mediation of disputes arising out of estate property, sale/auction process, foreclosure, individual Chapter 11 plan, domestic support obligations, professional compensation and avoidance actions for colleagues in the E.D.N.Y. Bankruptcy Court

As a private practitioner:

• As an attorney, structured and participated in a large-scale bankruptcy mediation involving a multi-state, commercial dispute with dozens of litigants.

Noteworthy Opinions:

• In re Personal Communications Devices, LLC, 556 B.R. 45 (E.D.N.Y. 2016): Determining whether and how to interpret the provisions of a sale free and clear order pursuant to the terms of the parties’ asset purchase agreement (APA)
• In re Personal Communication Devices, LLC, et al. v. Pinebridge Vantage Partners, L.P. (f/k/a Pinebridge Vantage Capital L.P.), 528 B.R. 229 (Bankr. E.D.N.Y. 2015): Granting F.R.C.P. Rule 12(b) dismissal of claims for recharacterization of investors’ debt as equity, setoff, unjust enrichment, breach of contract and claim disallowance involving Chapter 11 company that sold cell phones and other wireless devices.

As a judge, he has also presided over bankruptcy court matters, including:

• Cases involving the interpretation of parties’ contracts across a wide range of practice areas and industries
• Litigation involving directors and officers
• Matters related to the Uniform Commercial Code’s perfection of security interests
• Cases involving alter ego and the veil piercing of corporate and trust entities
• Matters involving the valuation of security and business interests
• Matters involving merchant cash advance lending
• Cases involving the sales of numerous gas station facilities

As a private practitioner:

• Served as a mediator on several general litigation matters
• Represented numerous parties in contract disputes
• Represented parties in directors and officers litigations
• Represented buyers and sellers in several radio station transactions (not as regulatory counsel)
• Represented a health club franchise owner in a multiday arbitration proceeding against his investors

As a judge, he has presided over numerous bankruptcy court matters, including:

• Alleged breach of employment contract claims
• Dischargeability of workplace harassment and discrimination claims
• Wage and hour employee claims
• The Worker Adjustment and Retraining Notification (WARN) Act

Noteworthy Opinion:

• Ehrenberg v. Allied World National Assurance Co. (In Re: Orion Healthcorp, Inc.), 24-2511-bk (2d. Cir. April 15, 2025): The Second Circuit affirmed his denial of a motion to compel arbitration of a dispute concerning coverage under a directors and officers insurance policy.

As a judge, he has also presided over bankruptcy court matters, including:

• Insurance coverage and access to policy proceeds for directors and officers liability suits
• Liability of former directors and officers

• As a bankruptcy judge, presided over bankruptcy court matters related to the assumption and assignment of intellectual property licenses

Noteworthy Opinions:

• In re Maeder, 2025 WL 3298322 (Bankr. E.D.N.Y. Nov. 26, 2025): Addressing how New York’s Child Victims Act (CVA) interacts with bankruptcy law and whether a settlement paid to a victim of abuse on a claim revived by the CVA was property of the bankrupt estate
• In re Ferrandina, 533 B.R. 11(Bankr. E.D.N.Y. 2015): Holding that a debtor should be precluded from relitigating sexual harassment and retaliation claims that were decided in federal district court, and that the injured party holds a fully liquidated, nondischargeable claim as a matter of law

As a private practitioner:

• Served as a mediator on several personal injury matters

• See Insurance section above.

Noteworthy Opinions:

• Miranda v. TLB 2019 LLC, 25-CV-533, 2025 WL 1530575, at *1 (E.D.N.Y. May 29, 2025): Affirming his determination that a property tax lien foreclosure sale could be avoided by a Chapter 13 debtor as a fraudulent transfer under Section 548 of the Bankruptcy Code
• In re Kolnberger, 603 B.R. 253 (Bankr. D.N.Y. 2019): Holding that seeking relief from automatic stay is not prohibited under the federal Real Estate Settlement Procedures Act (RESPA), and that a post-petition RESPA violation is not a defense to a stay of relief
• In re Coughlin, 568 B.R. 461 (Bankr. E.D.N.Y. 2017): Holding that the failure of a Chapter 13 debtor to make post-petition mortgage payments could have prevented the debtor from receiving a discharge
• In re Ebadi, 448 B.R. 308 (Bankr. D.N.Y. 2011): Holding that because a real property foreclosure sale was a significant step under New York law toward obtaining a deficiency judgment, conducting the sale post-petition was a stay violation, despite the debtor's lack of ownership interest in the property

As a judge, he has also presided over bankruptcy court matters, including:

• Cases involving title disputes
• Matters involving lease and purchase and sale agreements
• Single-asset real estate cases
• The valuation of commercial and residential real estate
• Matters involving real property and personal property liens
• Cases involving homestead exemptions
• Eviction matters

As a private practitioner:

• Represented numerous commercial and residential property owners, lenders and lessors in real property litigation throughout Texas, including claims involving ownership, liens, encumbrances and adverse possession
• Represented a German telecom company in litigation in California over a commercial real estate lease