Seth Van Aalten practices in the areas of corporate restructuring and creditors’ rights, with an emphasis on the representation of official committees of unsecured creditors and other parties in complex commercial Chapter 11 bankruptcy cases in industries including retail, manufacturing, metals and mining, media, technology, health care, food and beverage, airlines, and hotels.

Experience

Seth has significant experience litigating issues involving solvency, valuation, financing and cash collateral contests, section 363 asset sales, recharacterization, equitable subordination, substantive consolidation, and similar disputes. Seth also focuses his practice on the representation of independent directors in Chapter 11 cases and out-of-court restructurings.

Representative Matters

Seth has represented official committees of unsecured creditors in Chapter 11 cases throughout the country, including RadioShack, Blockbuster, Claire’s, Mervyn’s, Fusion Connect, rue 21, Eddie Bauer, American Apparel, Pacific Sunwear, Sharper Image, Brookstone, Magnetation, Midway Gold, Republic Metals, Videology, Sizmek, Great Lakes Comnet, Golfsmith, True Religion, zGallerie, Charming Charlie, hhgregg, Marsh Supermarkets, Destination Maternity, Wet Seal, SkyMall, Sbarro’s, ALCO Stores, Frederick’s of Hollywood, KB Toys, Vertis Holdings, and Allens.

Other noteworthy representations include:

• Co-counsel to Rite Aid Corporation and 119 of its affiliates in their prearranged chapter 11 cases in the U.S. Bankruptcy Court for the District of New Jersey.
• Counsel to Charlotte Russe in its Chapter 11 cases in Delaware.
• Counsel to the Bayonne Medical Center in its Chapter 11 cases in New Jersey.
• Counsel to Abovenet, Inc. f/k/a Metromedia Fiber Networks in its Chapter 11 cases in New York.
• Counsel to the Official Employment-Related Issues Committee of Enron Corp. in the prosecution of over 40 actions against former executives of Enron to recover $30+ million of deferred compensation payments made on the eve of Enron’s bankruptcy filing.
• Counsel to the Official Committee of Tort Claimants in the initial Chapter 11 cases of Saint Vincent Catholic Medical Centers of New York and counsel to the MedMal Trust Monitor in Saint Vincent’s successor Chapter 11 cases in New York.
• Counsel to the Ad Hoc Creditors’ Committee in the out-of-court liquidation of CompUSA.
• Counsel to Southern Airlines in the prosecution of a substantial breach of contract action in Delaware bankruptcy court.

Honors & Awards

Seth has been recognized as a “Super Lawyer” by New York Super Lawyers Magazine and was previously named as one of the “Top 40 Bankruptcy Lawyers Under the Age of 40” in New York by the American Society of Legal Advocates.

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See Award Methodology.