Ferve E. Khan

Associate

New York
T +1.212.589.4269
F +1.212.589.4201

Overview

Ferve Khan is a full-service bankruptcy and restructuring attorney, whose practice includes both plaintiff and defense-side litigation, fiduciary representations, creditors' rights and transactional work. Ferve has particular experience in the financial services, energy and healthcare industries, in cases of mass torts and the recovery of the proceeds of fraud. Ferve also advises creditors and fiduciaries on bankruptcy and insolvency.

Select Experience

  • A lead attorney on the nationwide team representing Irving H. Picard, the Securities Investor Protection Act Trustee of Bernard L. Madoff Investment Securities LLC (BLMIS), in the largest Ponzi scheme in history. As team leader, settled $20+ million litigation against key associate of Bernard Madoff. Also on leadership team reviewing Trustee’s amended complaints in hundreds of eight- or nine-figure subsequent transfer recovery actions. Oversaw numerous mediations against BLMIS investors in ongoing litigation involving complex good faith and safe harbor issues unique to SIPA cases.
  • On the leadership team representing the BLMIS Trustee in ten-year, $7+ billion litigation to enjoin third-party actions asserting duplicative and derivative claims; obtained thirteen favorable decisions in bankruptcy, district and circuit courts across the country.
  • As lead counsel, obtained favorable settlement of complex, six-figure fraudulent transfer and preference litigation involving novel “wrong payor” claims against a client energy recruiter by post-confirmation litigation trustee of the renewable-energy developer.
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Experience

  • A lead attorney on the nationwide team representing Irving H. Picard, the Securities Investor Protection Act Trustee of Bernard L. Madoff Investment Securities LLC (BLMIS), in the largest Ponzi scheme in history. As team leader, settled $20+ million litigation against key associate of Bernard Madoff. Also on leadership team reviewing Trustee’s amended complaints in hundreds of eight- or nine-figure subsequent transfer recovery actions. Oversaw numerous mediations against BLMIS investors in ongoing litigation involving complex good faith and safe harbor issues unique to SIPA cases.
  • On the leadership team representing the BLMIS Trustee in ten-year, $7+ billion litigation to enjoin third-party actions asserting duplicative and derivative claims; obtained thirteen favorable decisions in bankruptcy, district and circuit courts across the country.
  • As lead counsel, obtained favorable settlement of complex, six-figure fraudulent transfer and preference litigation involving novel “wrong payor” claims against a client energy recruiter by post-confirmation litigation trustee of the renewable-energy developer.
  • As lead counsel, settled $1 billion+ healthcare fraud litigation by liquidating trustee involving white collar, anti-kickback, and physician self-referral allegations against client former officer of Chapter 11 debtor medical laboratory. Negotiated with debtor’s D&O insurance provider to protect client’s interest in policy proceeds.
  • Lead attorney managing nationwide team and various local counsel preparing 40+ legal opinions for client property-management company in $100+ million dollar, year-long “roll up” transaction. Negotiated with lender’s counsel on terms of opinions and provided insight on novel issues arising under the Uniform Commercial Code, state tax law, and non-consolidation caselaw.
  • Lead attorney managing team preparing legal opinions in connection with various transactions, including: true sale opinions for asset purchase transaction in connection with client insurance company’s divestment of commercial banking business; non-consolidation and other opinions for client property manager in connection with purchase of investment property; and non-consolidation and other opinions for client $500+ billion alternative asset manager in connection with real-estate purchase.
  • Assisted BakerHostetler’s representation of the Official Committee of Tort Claimants for Pacific Gas & Electric Company, one of the largest mass tort bankruptcies of all time. The work consisted of performing extensive research and providing insight supporting important strategic decisions concerning derivative claims against the debtors, claims for make-whole premiums, and inverse condemnation.
  • Represented manufacturer of greeting card products in bankruptcies of several retail customers, including a major national retailer, assisting with protecting client’s security interest in trust and consignment funds and defending against claims objection.
  • Assisted BakerHostetler’s representation as debtors’ counsel to oil exploration companies in proceedings to enjoin third-party actions seeking to bring duplicative and derivative claims. Negotiated with third-party plaintiffs’ counsel for consensual resolution to third-party claims.
  • Represented European car rental company with assumption of cross-licensing and related agreements with Chapter 11 debtor U.S. car rental company.
  • Represented government-sector creditor in the Chapter 11 case 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 client patent licensing company in asserting contractual claim in the Chapter 11 case of Eastman Kodak Co., 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 former director in the Chapter 11 restructuring of the hedge fund.
  • Assisted BakerHostetler’s representation of the receiver of an international investment advisor and related offshore hedge funds, including assisting with litigating recovery actions.

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)
    • American Bankruptcy Institute Bankruptcy Litigation Manual: Editor-in-Chief (2020)
    • 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