Elyssa Kates concentrates her practice in the areas of corporate and financial restructuring, insolvency, bankruptcy, secured transactions and financing, commercial litigation and debtors’ and creditors’ rights. She represents creditors, debtors, trustees, asset purchasers, financial institutions, landlords/lessors and contract counterparties in bankruptcy, district and state courts. Ms. Kates’ practice spans numerous industries, including financial services, real estate, retail and healthcare.
Ms. Kates currently is involved in the investigation and litigation of issues on behalf of the Trustee for the SIPA liquidation of Bernard L. Madoff Investment Securities LLC. Ms. Kates has also successfully represented counterparties to derivative contracts in In re Lehman Brothers Holdings Inc. et al., Case No. 08-13555 (JMP).
Ms. Kates has extensive lien litigation and avoidance action experience. She has successfully defended preference and fraudulent transfer cases and litigated to establish valid and first priority liens and secured claims.
Prior to joining Baker Hostetler, Ms. Kates represented some of the largest national and international financial institutions, insurance companies, manufacturers, landlords and real property holders on a variety of bankruptcy, creditors’ rights, commercial litigation and banking litigation matters, including asset purchases, injunction actions, reclamation claims, avoidance actions, actions to withdraw the reference, rejection claims and automatic stay issues.
Ms. Kates served as a law clerk for the Honorable Rosemary Gambardella, former Chief Judge of the United States Bankruptcy Court, District of New Jersey and the Honorable Ellen L. Koblitz, J.S.C. t/a Superior Court of New Jersey, Appellate Division (formerly P.J.F.P.).
In addition to the matters mentioned above, some of Ms. Kates’ representative matters include the following:
Ms. Kates’ publications include: