Ferve E. Khan

Associate

New York
T +1.212.589.4269
F +1.212.589.4201

Overview

Ferve Khan is a practiced bankruptcy litigator who has extensive experience in large-scale liquidations and restructurings, including representing the court-appointed trustee for the SIPA liquidation of Bernard L. Madoff Investment Securities, LLC. She has represented creditors in complex Chapter 11 bankruptcy cases in industries such as energy, retail and healthcare. Ferve also has significant experience prosecuting and defending against injunctions under section 105 of the Bankruptcy Code. She also has experience reviewing document productions for compliance with the Health Insurance Portability and Accountability Act of 1996 and other data protection laws.

Ferve is also a client-focused transactional attorney and has prepared numerous third-party legal opinions for commercial real estate transactions. She also regularly speaks and writes on topics related to her practice. Ferve has presented on numerous occasions at forums such as Strafford Publications and Lawline, and has also been published in outlets such as the American Bankruptcy Institute Journal.

Select Experience

  • Represented the SIPA Trustee in the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS) in various avoidance and recovery actions brought by the Trustee. The work consisted of managing the Trustee’s litigation, including drafting pleadings; managing discovery including e-discovery of voluminous documents in BLMIS’s possession; litigating issues unique to SIPA cases such as good faith and the securities safe harbor; and engaging in mediation and settlement to resolve the Trustee’s cases consensually.

  • Represented a global energy, engineering and infrastructure recruitment company in a fraudulent transfer and preference action by the post-confirmation litigation trustee of the world’s largest renewable-energy developer at the time of its filing. Defense services included: preparing pleadings; developing case strategy; researching novel “wrong payor” theory by trustee; preparing mediation briefing; and negotiating favorable settlement.

  • Represented a SIPA Trustee in protracted, nine-year litigation and related proceedings to enjoin third-party plaintiffs seeking to bring individual actions asserting derivative and duplicative claims under Section 362 and 105 of the Bankruptcy Code. The work consisted of briefing and arguing the Trustee’s position to the bankruptcy, district, and federal courts of appeal in several jurisdictions; understanding complex and emerging issues involving duplicative and derivative claims belonging to a bankruptcy trustee; and managing the Trustee’s injunction-related litigation and appeals.

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Experience

  • Represented the SIPA Trustee in the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS) in various avoidance and recovery actions brought by the Trustee. The work consisted of managing the Trustee’s litigation, including drafting pleadings; managing discovery including e-discovery of voluminous documents in BLMIS’s possession; litigating issues unique to SIPA cases such as good faith and the securities safe harbor; and engaging in mediation and settlement to resolve the Trustee’s cases consensually.

  • Represented a global energy, engineering and infrastructure recruitment company in a fraudulent transfer and preference action by the post-confirmation litigation trustee of the world’s largest renewable-energy developer at the time of its filing. Defense services included: preparing pleadings; developing case strategy; researching novel “wrong payor” theory by trustee; preparing mediation briefing; and negotiating favorable settlement.

  • Represented a SIPA Trustee in protracted, nine-year litigation and related proceedings to enjoin third-party plaintiffs seeking to bring individual actions asserting derivative and duplicative claims under Section 362 and 105 of the Bankruptcy Code. The work consisted of briefing and arguing the Trustee’s position to the bankruptcy, district, and federal courts of appeal in several jurisdictions; understanding complex and emerging issues involving duplicative and derivative claims belonging to a bankruptcy trustee; and managing the Trustee’s injunction-related litigation and appeals.

  • Represented property-management company in multimillion-dollar, year-long transaction to “roll up” company’s property holdings into a master fund. The work consisted of managing a team of several attorneys to prepare multiple legal opinions on non-consolidation, enforceability, and related matters; negotiating with lender’s counsel on terms of opinions; performing research on novel issues arising under the Uniform Commercial Code, state tax law, and non-consolidation caselaw; and coordinating with local counsel on enforceability opinions under local applicable law.

  • Represented former officer in multiple-year litigation by liquidating trustee asserting claims of healthcare fraud and avoidance in Chapter 11 proceeding of medical laboratory. The work consisted primarily of preparing pleadings; performing extensive document review and production; interpreting white collar, anti-kickback, physician self-referral, and D&O insurance legal issues and applying to Chapter 11 proceeding; drafting various filings to protect client’s interest in D&O insurance funds.

  • Represented producer of greeting cards as a creditor in Chapter 11 case of iconic American department store and Chapter 11 case of American chain of grocery stores. Creditor services included: objecting to debtor-in-possession financing motion; researching complex issues of consignment, trust and security interests; defending against claims objection; negotiating with debtor on treatment of client’s interests in case.

  • Represented two oil exploration companies in proceedings to enjoin third-party actions seeking to bring duplicative and derivative claims. The work consisted of counseling the clients on rights and remedies concerning sections 105 and 362 of the Code; preparing research memorandum assessing merits of claims; and negotiating with third-party plaintiff’s counsel for consensual resolutions.

  • Represented a government-sector creditor in the reorganization proceeding of an automotive parts manufacturer in connection with a claim for workers’ compensation reimbursement, including advising on priority tax treatment and application of letter of credit proceeds.

  • Represented the creditor in the reorganization proceeding of iconic film and camera producer in connection with a contractual claim, including advising on the secured nature of the claim.

  • Represented the retired partners’ group in the liquidation proceeding of a global law firm, including advising on participation in a global settlement.

  • Represented a receiver of Michael Kenwood Capital Management, LLC, an international investment advisor located in Stamford, Connecticut, and related offshore hedge funds, including litigating recovery actions.

  • Represented former director in the Chapter 11 restructuring of the hedge fund.

  • Represents creditor in the reorganization proceeding of the car rental company.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2014 to 2019)

Memberships

  • American Bankruptcy Institute
    • Legislation Committee: Co-Chair (April 2019 to present)
    • Bankruptcy Litigation Committee: Co-Chair (April 2017 to April 2019)
    • American Bankruptcy Institute Journal: Coordinating Editor, Financial Statements Column (2014 to 2017)
    • ABI Volo Project, Circuit Court Opinion First Responder: Author (2012 to 2015)
  • New York State Bar Association
    • Committee on Women in the Law: Co-Chair (2014 to 2017)
  • Federal Bar Council
    • 2013 Fall Bench and Bar Retreat: Co-Chair
    • Inn of Court
    • First Decade Committee (2009 to 2016)
  • Financial Women’s Association (2013 to 2016)

News

News

Community

  • Cornell Law School Alumni Association
    • Alumni Curia Society Annual Dinner Planning Committee
  • Brown Alumni Students Committee
  • American Turkish Society

Pro Bono

  • Provides bankruptcy petition preparation services to low-income New York residents for Legal Services NYC Bankruptcy Assistance Project.
  • Participated in the IRS Volunteer Income Tax Assistance Program during law school.

Prior Positions

  • Law clerk for the Honorable Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York

Admissions

  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, Second Circuit
  • New York

Education

  • J.D., Cornell University Law School, Cornell International Law Journal: articles editor, Legal Information Institute Bulletin: managing editor; 2008
  • B.A., Political Science, Brown University, magna cum laude, 2005

Languages

  • Turkish