J. Alex Kress, Esq.
Of-Counsel

J. Alex Kress joined Becker as Of Counsel in June 2015, after a distinguished career at Riker Danzig Scherer Hyland Perretti LLP in Morristown, New Jersey where he was a partner in the firm’s Bankruptcy and Restructuring group.

Mr. Kress has represented a wide array of constituents in bankruptcy cases, including debtors, creditors’ committees, trustees, secured creditors and individual creditors.  He has reorganized local gas stations, technology companies, healthcare providers and manufacturing and distribution companies.  He has advised clients in acquiring assets through bankruptcy section 363 sales.  He has counseled trustees and creditors in preference, fraudulent conveyance and non-dischargeabilty actions.  He also has guided clients in protecting their rights under equipment leases, real estate leases and other executory contracts.
 

Representatives Matters:

  • In re Metro Affiliates, Inc., Bankr. S.D.N.Y 2013.  Represented the purchaser in consummating a $15 million acquisition of the California assets of a multi-state student transportation company ; took transaction from preliminary discussions to term sheet, definitive agreement, court approval and closing in under two months.

  • In re Nacerima Industries, Inc., Bankr. D.N.J. 2011.  Represented secured creditor in the workout and bankruptcy of a trash hauler; recovered approximately two-thirds of the loan balance through a section 363 sale of substantial assets, several smaller asset sales, and receivables collections; resolved conflicting liens with other lenders; worked with the creditors’ committee and debtor to accomplish a structured dismissal of case; advised client in connection with a subsequent bankruptcy proceeding of a guarantor.

  • In re Integral Nuclear Associates, Inc., Bankr. D.N.J. 2011.  Represented unsecured creditors’ committee in Chapter 11 proceedings of multi-location, medical imaging service provider; reviewed and analyzed acquisition of secured debt by distressed debt investor; negotiated consensual resolution to plan objections resulting in enhanced recovery to unsecured creditors.

  • In re Bayonne Medical Center, Bankr. D.N.J. 2009.  Represented master indenture trustee in enforcing $45 million in bond debt issued by a regional hospital; coordinated with counsel to the bond insurer and several tranches of debt to allocate recoveries; negotiated protections in a section 363 sale of hospital assets; worked with receivables collection company to recover approximately $10 million in receivables from health insurers and patients; oversaw distribution of proceeds to various classes of bondholders.

  • In re The Bay Ridge Companies, Inc., Bankr. D.N.J. 2006.  Represented creditors in prosecuting involuntary bankruptcy petition against building supply company, then represented trustee in avoiding transfers to the debtor’s principals, their family members and various real estate entities owned and controlled by the debtor’s principals; conducted mediation leading to $450,000 recovery and release of $2.6 million in claims which permitted a distribution to creditors of 5%.

  • In re Smart World Technologies, Inc., 2d Cir. 2005 and 2009.  Acted as special counsel to debtors in connection with multimillion-dollar breach of contract claims against company that purchased the debtors' assets; successfully prosecuted circuit court appeal overturning settlement advocated by the creditors' committee, after which a twenty-percent greater settlement was accomplished; prosecuted second, successful appeal defending contingent fee arrangement against a challenge by the creditors' committee.  Reported decisions:  In re Smart World Technologies, LLC, 552 F.3d 228 (2d Cir. 2009); In re Smart World Technologies, LLC, 423 F.3d 166 (2d Cir. 2005).

  • Mr. Kress has prepared and presented seminars for the New Jersey Institute of Continuing Legal Education, the Morris County Bar Association, the American Bankruptcy Institute, and the American Bar Association Business Law Section, Business Bankruptcy Committee.  Among his publications are:

  • “Challenging the Sale or Plan Confirmation Order,”  Business Bankruptcy Acquisitions, Richard Tilton, Ed., American Bankruptcy Institute, Alexandria, VA, 2006.

  • “Truth and Consequences:  FiberMark, GEO and the burgeoning market in distressed debt trading – two cautionary tales,” The Turning Tide, Restructuring & Insolvency Series 2006, Financier Worldwide, Birmingham, UK, 2006.

  • “Better Medicine Leaves a Bad Taste:  Healthcare Reforms in the 2005 Bankruptcy Amendments Help Patients and the Government at the Expense of Debtors and General Creditors,”  Global Restructuring Review 2005, Financier Worldwide, Birmingham, UK, 2005.
     

Mr. Kress’s experience has been recognized by various organizations.  These include:

  • SuperLawyers, 2014-2011.

  • Chambers USA, New Jersey Individual Band 4, 2015.

  • Best Lawyers of America, 2014
     

Outside of his legal practice, Mr. Kress spends his time enjoying music and literature, especially classical and jazz, and literary and popular fiction.  He and his family are an avid soccer fans, following both the New York Red Bulls of Major League Soccer and Chelsea FC of the English Premier League.

Bankruptcy, Insolvency and

Creditors' Rights

Business Services

Corporate

Real Estate
 

Education:
Rutgers School of Law - Newark, J.D.

Hampshire College, Amherst, MA, B.A.

Admitted to Practice:
State of New Jersey

U.S. District Court, (D.N.J.)

Third Circuit Court of Appeals

Second Circuit Court of Appeals

Organizations:

Student Bar Association

Honors: 

Order of the Coif.

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