Areas of Practice
- New York
- United States District Court, Eastern District of New York
- United States District Court, Southern District of New York
- J.D., St. John’s University School of Law, magna cum laude, 2008
- B.A., University of Delaware, magna cum laude, 2005
Elizabeth M. Aboulafia
Elizabeth Aboulafia is a partner in the firm’s Banking department, practicing in the areas of Bankruptcy and Creditors’ Rights as well as Construction Litigation. Elizabeth represents companies as debtors in Chapter 11 bankruptcy cases in a wide range of industries with a focus on the construction industry. She frequently assists construction contractors obtain resolution of claims and other disputes through the bankruptcy court and alternative dispute resolution under the supervision of the court. Outside of bankruptcy, Elizabeth is also experienced in a variety of construction law issues on behalf of general contractors and subcontractors, including contract compliance, M/WBE certification and claims preparation, negotiation and resolution.
Elizabeth also represents financial institutions, unsecured creditors and other parties in interest in Chapter 11 cases and out-of-court restructurings. In addition, Elizabeth has developed a specialty of providing legal opinions in connection with a wide variety of commercial real estate and structured finance transactions.
Areas of Concentration
- Construction bankruptcy
- Chapter 11 debtors and creditors
- Construction claims resolution
- M/WBE certification
- Opinion letters
- “Using Article 3-A to Protect Payment Rights in a Construction Bankruptcy”, New York Law Journal, June 2017
- “Be Wary of Using Involuntary Bankruptcy as a Collection Tool”, ABI Journal, May 2019
- Representing mechanical contractor in pursuing claims against City of New York as part of Chapter 11 bankruptcy case.
- Representing demolition contractor in financing and bonding matters in Chapter 11 bankruptcy case.
- Representing financial institutions in providing true sale, bankruptcy safe harbor and substantive non-consolidation opinions in connection with structured finance transactions.
- Representing contractors in formation of M/WBE entity and certification process.
- Represented large scale subcontractor and general contractor in Chapter 11 bankruptcy resulting in confirmation of consensual Chapter 11 plan and emergence from bankruptcy in under one year.
- Represented concrete contractor in Chapter 11 bankruptcy resulting in confirmation of Chapter 11 plan funded by multi-million-dollar mediated settlement arising out of a public construction contract with the Port Authority of New York and New Jersey.
- Represented heavy civil construction company in Chapter 11 bankruptcy resulting in confirmation of Chapter 11 plan funded by proceeds of construction litigation against public agencies.
- Represented heating and cooling subcontractor in Chapter 11 bankruptcy resulting in confirmation of Chapter 11 plan providing for payment in full of creditor claims and business reorganization.
- Represented heavy construction company in multi-million-dollar bankruptcy litigation arising out of a public construction contract with the State of New York.
- Represented heavy civil contractor in non-bankruptcy out-of-court restructuring involving formation of a partnership with another construction firm.
- Represented Chapter 11 debtors in a wide range of industries including construction, trademark licensing, gaming, and hospitality.
- Represented purchaser in multi-million-dollar purchase of college campus in Suffolk County, New York.
- Represented secured lenders in multiple single asset real estate Chapter 11 bankruptcies.
- Represented steering committee of senior secured lenders in sponsoring and confirming Chapter 11 plan of reorganization for real estate development company.
- Represented construction contractors pursuing recovery of claims against public agencies.
Professional & Community Activities
- Member, American Bankruptcy Institute, 2008 – Present
- Member, Professional Women in Construction, New York Chapter, 2014 - Present
- Member and Co-Vice President of Programming, Turnaround Management Association, Long Island Chapter
- Member, Construction Financial Management Association, 2017 – Present
- Fellow, Construction Lawyers Society of America, 2019
Honors & Awards
- Super Lawyers Rising Stars, New York Metro Region, 2015 – 2018
- Who’s Who in Women in Professional Services 2017, Long Island Business News
- Outstanding Women in Law Awards 2016, Hofstra University School of Law
News & Speaking Engagements
- Elizabeth Aboulafia and Elizabeth Usinger Have Recently Been Inducted as Fellows into the Construction Lawyers Society of AmericaSeptember 18, 2019
- September 11, 2019
- May 1, 2019
- Cullen and Dykman recently hosted a Lenders’ Forum sponsored by the Long Island Chapter of the Turnaround Management AssociationApril 18, 2019
- March 29, 2019
- C. Nathan Dee and Elizabeth Aboulafia of Cullen and Dykman serve as lead debtor’s counsel for Navillus Tile, Inc.October 15, 2018
- June 1, 2018
- August 18, 2017Long Island Business News
- Elizabeth Aboulafia Quoted in American City and County Magazine on the Future of Prevailing Wage LawsAugust 3, 2017
- Elizabeth Aboulafia Published in New York Law Journal on Protecting Payment Rights in a Construction BankruptcyJune 12, 2017
- Cullen and Dykman Successfully Confirms Chapter 11 Plan for Construction Contractor Based on $17.5 Million Dollar Settlement with the Port AuthorityJanuary 6, 2017
- Elizabeth Aboulafia, Hayley Dryer, and Elizabeth Usinger Honored as Long Island Outstanding Women in LawApril 4, 2016
- April 28, 2015
- Cullen and Dykman Obtains $15.358 Million Settlement from the State of New York for GII Industries, Inc. f/k/a Grace Industries, Inc.March 6, 2013