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Partner - Eric S. Goldstein

Eric S. Goldstein

Partner

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Eric Goldstein is Co-Chair of the firm's Bankruptcy and Creditors' Rights Practice Group. Eric represents all types of creditors in bankruptcy cases and insolvency proceedings in courts throughout the United States. His clients include financial institutions, insurance companies, lessors, franchisors, special servicers, educational institutions, health care businesses, as well as trade creditors and suppliers. Eric serves as lead national or regional bankruptcy counsel for a variety of businesses.

Before a bankruptcy case is filed, Eric actively advises clients on workouts and out-of-court restructuring, as well as on the impact of bankruptcy and insolvency laws when a customer, supplier, counterparty, or other business entity may be experiencing financial distress. Once a bankruptcy filing occurs, Eric represent clients in every aspect of bankruptcy cases, including filing claims, debtor-in-possession lending, negotiating plans of reorganization, asset sales, and a diverse array of bankruptcy litigation matters.

In addition to Eric’s bankruptcy practice, he also represent clients in complex commercial litigation matters in state and federal court. These types of claims involve a wide variety of issues, including financial disputes, breach of contract, business torts, commercial debt collection, UCC-related disputes, and commercial foreclosures.

Before joining Shipman & Goodwin LLP, Eric served as law clerk to the Honorable Christine S. Vertefeuille for the Supreme Court for the State of Connecticut.

Distinctions

  • Listed as a Connecticut Super Lawyer Rising Star®: Bankruptcy (2013-2014); Creditor Debtor Rights (2015-2016)
  • National Conference of Bankruptcy Judges: Next Generation (2012)
  • New Leader in the Law, Connecticut Law Tribune (2014)
  • Connecticut Law Review, Executive Editor

Professional Affiliations

  • American Bar Association
  • Connecticut Bar Association: Commercial Law and Bankruptcy Section
  • American Bankruptcy Institute

Community Involvement

  • West Hartford Youth Baseball Coach

Contract Counterparty Can Correct Error in Sale Order To Block Preference Claim

Successfully represented contract counterparty in defeating a preference claim under Section 547 of the Bankruptcy Code by obtaining an order of the U.S. Bankruptcy Court for the Eastern District of Michigan that corrected its prior order authorizing the sale of the debtor’s assets. The original order approving the sale erroneously failed to include the client’s contract as being assumed by the debtor and assigned to the buyer under Section 365 of the Bankruptcy Code. The assumption and assignment of a contract precludes a preference claim. Over the opposition of the Committee of Unsecured Creditors, the Bankruptcy Court corrected its order based on a finding that a mistake had occurred. The liquidating trustee, as successor to the Committee, appealed to the U.S. District Court for the Eastern District of Michigan and then to the Sixth Circuit Court of Appeals. Both courts affirmed the Bankruptcy Court’s decision and the preference action was withdrawn.

Non-Dischargeability Judgment For Debtor's Fraud

Successfully represented insurance company in obtaining a judgment from the U.S. Bankruptcy Court for the District of Massachusetts that debt owed to insurance company could not be discharged in debtor’s bankruptcy case under Section 523(a)(4) of the Bankruptcy Code because prior finding of fraud by state court was dispositive of fraud determination under Section 523(a)(4).  The U.S. District Court for the District of Massachusetts affirmed this judgment on appeal.

Experience

Insurer Can Recoup Overpayment of Disability Benefits Without Relief from Automatic Stay
Non-Dischargeability Judgment For Debtor's Fraud
Foreclosure Action Dispute
Multi-Million Dollar Financing Dispute
Derivative Claims Dispute
Aviation Component Manufacturer Section 363 Sale
Defense of Creditor in Preference Action: In re Stinson Petroleum Company, Inc.
Represent Interests of Equipment Lessor in Chapter 11 Case: In re HMC/CAH Consolidated, Inc.
Defense of Creditor in Preference Action: In re Yellowstone Mountain Club, LLC
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Jazs Pizza, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Matthew Louis Matlock
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Beltway Pizza, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re D. Alexandra, Inc.
Protection of Client's Interests in Bankruptcy Case: In re St. Mary's Hospital, Passaic, N.J.
Defense of Creditor in Preference Action: In re Marcal Paper Mills, Inc.
Commencement of Involuntary Chapter 7 Case: In re Horseblock Road, LLC
Prosecution of Contested Matter to Enforce Contractual Remedies: In re Enron, Inc.
Represent Interest of Buyer of Substantially all of the Debtor's Assets in a Chapter 11 Case: In re GW Liquidation, Inc.
Protection of Client's Interests in Bankruptcy Case: In re Engineered Sinterings & Plastics, Inc.
Protection of Client's Interests in Bankruptcy Case: In re BB Liquidating Inc. (Blockbuster bankruptcy)
Protection of Client's Interests in Bankruptcy Case: In re Sutherland Landscaping
Defense of National Company in Preference Action: In re Centrix Financial, LLC
Protection of Client's Interests in Bankruptcy Case: In re eToys Direct 1, LLC
Contract Counterparty Can Correct Error in Sale Order To Block Preference Claim
Protection of Client's Interests in Bankruptcy Case: In re Grand Eagle
Protection of Client's Interests in Bankruptcy Case: In re Lower Bucks Hospital
Receivership Proceeding: In re Napoli Development
Protection of Client's Interests in Bankruptcy Case: In re Ames Department Stores
Protection of Client's Interests in Bankruptcy Case: In re Old Carco LLC (Chrysler bankruptcy)
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Texoma Pizza, L.P.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Piedlow, Inc.
Prosecution of Contested Matter to Enforce Contractual Remedies: In re International Architectural Group, LLC
Protection and Enforcement of Franchisor's Rights and Remedies, Injunction Proceedings: In re Daniel Kenneth McAllister
Defense of Creditor in Preference Action: In re BMC Industries
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re PFM Pizza Co.
Represent Client in seeking Administrative Claim in Bankruptcy Case: In re Ultimate Acquisition Partners, LP
Represent Interests of National Company in Chapter 11 Case: In re Linens Holding Co.
Represent Client with Assumption of Contracts Issues in Bankruptcy Case: In re Local Insight Media Holdings, Inc., et al.
Represent Client with Assumption of Contracts Issues in Bankruptcy Case: In re Amicus Wind Down Corporation
Defense of Creditor in Preference Action: In re AU Wisconsin, Inc., f/k/a Accents Unlimited, Inc.
Protection of Client's Interests in Bankruptcy Case: In re AGT Acquisition Wind-Down LLC
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re 3 Point Pizza Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Team KC, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Tornado Pizza, LLC
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Sundance Kansas LLC
Represent Client in Seeking Administrative Claim in Bankruptcy Case: In re Somerset Oil Refinery
Defense of Creditor in Preference Action: In re Safewater Technologies, Inc.
Prosecution of Contested Matter to Enforce Contractual Remedies: In re Medico Labs Inc.
Defense of National Company in Preference Action: In re Jevic Transportation, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Jay S. Wilhelm, Jr.
Protection and Enforcement of Franchisor's Rights and Remedies: In re Calvin Thomas Yeager, Jr.
Contested Proceeding Objecting to Creditor's Claim: In re Valleywood Industries, Inc.
Protection of Client's Interests in Bankruptcy Case: In re Quincy Medical Center
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re EAT Pizza, LLC
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Mira Pizza, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Mega, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re R.E.A.L. Pizza, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re 2 REAL Pizza, Inc.
Protection and Enforcement of Client's Rights and Remedies: In re Ocean Development 1, LLC
Defense of Creditor in Preference Action: In re Taylor, Bean & Whitaker Mortgage Corp.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Magnes Enterprises, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Team Frascona, Inc.
Relief from Automatic Stay Contested Matter: In re Napa Home & Garden, Inc.
Relief from Automatic Stay Contested Matter: In re Ca-Tel Telecommunications, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Michael J's Pizzaria, Inc.
Relief from Automatic Stay Contested Matter: In re Fuel Barons, Inc.
Protection of Client's Rights and Remedies under Pre-Petition Contract: In re Republic Windows & Doors LLC
Represent Client in Seeking Administrative Claim in Bankruptcy Case: In re Ciccone Food Products Inc.
Prosecution of Contested Matter to Enforce Contractual Remedies: In re St. Vincent's Catholic Medical Center
Represent Client in seeking Administrative Claim in Bankruptcy Case: In re Laumann Manufacturing
Protection and Enforcement of Franchisor's Rights and Remedies, Injunction Proceedings: In re Making The Dough, Inc.
Represent Client in seeking Administrative Claim in Bankruptcy Case: In re NTRNET Systems, Inc.
Defense of Creditor in Preference Action: In re Sterling Homes
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Pizza Service, Ltd
Prosecution of Contested Matter to Enforce Contractual Remedies: In re RJ Smith Controls & Consulting, Inc.
Protection and Enforcement of Franchisor's Rights and Remedies in Bankruptcy Proceeding: In re Two B Pies, Inc.
Defense of Creditor in Preference Action: In re American Candy Company
Protection of Client's Interests in Bankruptcy Case: In re Chemtura Corporation
Defense of Creditor in Preference Action: In re Contemporary Products, Inc.
Defense of Creditor in Preference Action: In re Innovative Communications Corporation
Protect Interests of Client in Connection with Pre-Petition Contract with Debtor: In re Vertebron, Inc.
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Practice Areas

Industries & Featured Services

Education

  • University of Connecticut School of Law, J.D., 2005, high honors
  • Emory University, B.A., 1997

Bar Admissions

  • Connecticut

Court Admissions

  • U.S. District Court, District of CT
  • U.S. District Court, Eastern District of NY
  • U.S. District Court, Northern District of NY
  • U.S. District Court, Southern District of NY
  • U.S. Court of Appeals for the Second Circuit
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