Zachary Denver is counsel in Herrick’s Litigation Department and a member of the Restructuring & Finance Litigation Group.

Zachary’s practice concentrates on bankruptcy, restructuring, financial services litigation, and business litigation matters, where he represents debtors, creditors, lenders, distressed investors, official and unofficial committees, bondholders, brokers, financial institutions, and third parties in both in-court and out-of-court proceedings.

While attending law school, Zachary was an editor of the NYU Journal of Law and Liberty and a board member for the Suspension Representation Project. Before law school Zachary was a Teach for America corps member in the New York City public schools which taught him to remain calm under pressure and to help people meet their goals by overcoming unique challenges.

Prior to joining Herrick, Zach was an associate at Katten Muchin Rosenman LLP, where he focused on litigation and dispute resolution matters.

Despite a relatively strong 2020, New York Classic Motors, LLC, a unit of Classic Car Club Manhattan, filed for chapter 11 protection on April 9, 2021. Classic Car Club Manhattan is a private club where members can drive an impressive fleet of luxury vehicles both new and restored classics. Members are also entitled to attend a calendar of events and access the private clubhouse on the Hudson River. The clubhouse is located at Pier 76, 408 12th Avenue, near the Javits Center in Manhattan. New York Classic Motors holds the lease on the clubhouse and is a tenant of Hudson River Park.

In an interview, Classic Car Club Manhattan’s co-founder called the bankruptcy a “defensive move” to preserve its clubhouse space after Hudson River Park gave notice in January that it needed to vacate the space as part of a planned development even though the club had more than four years remaining on the lease. Because of the filing, the club will be able to continue operations at Pier 76 while the case is pending. The club has not filed a declaration or disclosure statement yet.
Continue Reading Car Club Seeks Chapter 11 Protection Despite Growing Membership in “Defensive Move”

On March 11, 2021, the Bankruptcy Court for the District of Delaware approved a plan of liquidation for Cred Inc. and debtor affiliates, a collection of cryptocurrency investment firms that filed for Chapter 11 protection on November 8, 2020. So how exactly did a cryptocurrency investment firm go bankrupt in Fall 2020? In November 2019, Bitcoin was trading between $7,000 and $9,500 per coin. By November 8, 2020, the price of BTC had doubled, hitting a high of $15,637. Just four months later, on March 13, 2021, BTC closed over $61,000. And it wasn’t just Bitcoin. Ethereum is up 970% since November 8, 2019; BinanceCoin is up 1,361%; and Cardano is up 2,814%. Even Dogecoin is up 2,111% since November 8, 2019. Anyone remotely involved in the cryptocurrency business should have had an historic year. So what was the problem for Cred Inc.?
Continue Reading Cryptocurrency Investment Firm’s Liquidation Plan Approved—Wait, What?

Because of the unprecedented winter storm that clobbered Texas in February 2021, Brazos Electric Power Cooperative, Inc., was forced to file for chapter 11 in response to staggering increases in energy prices around the time of the storm. According to the first day declaration, Brazos was financially stable and bankruptcy “was unfathomable.” But in response to rotating outages across Texas, the Public Utility Commission of Texas instructed the Electric Reliability Council of Texas (“ERCOT”) to raise rates far beyond expectations for more than four straight days. ERCOT also imposed tremendous fees on energy use. After seven days of swelled energy prices, Brazos was presented with a bill for around $2.1 billion—due in mere days.
Continue Reading Texas Deep Freeze Spurs Chapter 11 Filing for Waco Based Energy Company

Greylock Capital Associates, LLC, a New York-based hedge fund founded in 2004, recently filed for chapter 11 protection under subchapter V for small businesses. Assets under management for Greylock have halved since 2017 and the hedge fund has cut its staff from 21 people to just nine now. Greylock filed to reject its $100,000 per month Madison Avenue lease that the hedge fund no longer needs. Greylock leased the 11,400 square foot premises in 2014, but when the fund’s growth stalled after its height in 2017 there was no need for such a large office in the heart of midtown Manhattan.
Continue Reading Greylock Capital Associates, LLC May Preview A Rash of Filings To Reject New York City Leases