Areas of Practice
- New York
- United States District Court for the District of Minnesota
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States District Court for the Northern District of New York
- United States District Court for the Western District of New York
- United States Bankruptcy Court for the Southern District of New York
- United States Bankruptcy Court for the Eastern District of New York
- United States Bankruptcy Court for the Northern District of New York
- United States Bankruptcy Court for the Western District of New York
- United States Bankruptcy Court for the District of Minnesota
- LL.M., St. John’s University School of Law, 2010
- J.D., University of Tulsa College of Law, 2009
- B.A., University of Maryland, College Park, 2004
Mr. Powers, an associate in the firm’s Bankruptcy and Creditors’ Rights department, advises clients in all aspects of complex insolvency and restructuring under chapters 7 & 11 of title 11 of the United States Code. Through the representation of several multi-national corporations, Mr. Powers has been involved in some of the nation’s largest bankruptcy cases. In addition, Mr. Powers is an experienced commercial litigator, having represented some of the country’s largest special servicers and financial institutions in large-area commercial foreclosure actions as well as state and federal court proceedings.
Prior to the practice of law, Mr. Powers served in the United States Marine Corps as a Marine One Presidential Helicopter Guard for former United States president Bill Clinton. Also during his Marine Corps service, Mr. Powers served as a military policeman stationed in Okinawa, Japan, where he acted as liaison between local police and military personnel on several military installations located throughout the region.
Official Committees: Petters Company, Inc.; Petters Group Worldwide, LLC; PC Funding, LLC; Thousand Lakes, LLC; SPF Funding, LLC; PL Ltd., Inc.; Edge One, LLC; MGC Finance, Inc.; PAC Funding, LLC; Lyman Holding Company; Lyman Lumber Company; Automated Building Components, Inc.; Building Materials Wholesalers, Inc.; Carpentry Contractors Corp.; Construction Mortgage Investors Co.; Lyman Development Co.; Lyman Lumber of Wisconsin, Inc.; Lyman Properties, L.L.C.; Mid-America Cedar, Inc.; Woodinville Lumber, Inc.; Woodinville Construction Services, L.L.C.; Cornerstone Homes, Inc.; Peekay Acquisition, LLC; Wordsworth Academy.
Creditors: International fleet vehicle lender in various actions relating to the bankruptcy of a regional automobile dealership as well as subsequent fraud proceedings against the debtor’s principal; American multinational manufacturer and marketer of branded consumer foods in bankruptcies of one of America’s largest bakeries and packaged food companies, an American general-interest family magazine, and the parent company for several chains of full-service Mexican restaurants throughout the United States; international heavy equipment financier in multiple bankruptcies of agricultural and industrial customers.
Debtors: In re Turkey Lake, Inc., et al.; In re Simply Gourmet, Inc., In re Tec-Air, Inc.
Commercial Foreclosure Representations: America’s largest special servicer in the highly contested foreclosures of over 1 million square feet of real property in Buffalo, New York and 217,000 square feet of real property in Schenectady, New York; Midwestern private equity and venture capital firm in the foreclosure of multiple parcels of real property in Long Island; global loan group of international wealth management firm in the portfolio of distressed debt involving parcels of commercial real property throughout the Midwest and along the East Coast.
Professional & Community Activities
Member, American Bankruptcy Institute
Member, Turnaround Management Association
Member, American Legion
Articles and publications
Strong Arming Chapter 11: The (In)Validity of “Gifting” in Corporate Reorganization from SPM to DBSD, 2005 Norton Annual Survey of Bankruptcy Law 9 (2011)
Ninth Circuit Finds no General Alter-Ego Cause of Action Under California Law, 30-Mar Am. Bankr. Inst. J. 22 (2011)
Fraudulent transfer Liability under the Uniform Fraudulent Transfer Act: For Statute of Limitations Purposes, is Such Liability Grounded in Fraud of Created by Statute?, 20 Norton J. Bankr. L & Prac. 4 Art. 5 (2011)
Inadequate Shorthand: The Circuit Courts are Split as to whether there is a “Remains Unpaid” Requirement in the New Value Exception to Preference Liability, 22 J. Bankr. L. & Prac. 4 Art. 5 (2013)
In Pari Delicto Not a Bar to a Bankruptcy Trustee’s Recovery, The Bankruptcy Strategist, Vol. 30, No. 8 (2013)
H.R. Bill 100 Seeks to Amend Title 11 to protect Employee Benefits and Curb Excessive Executive Compensation, ABI Labor and Employment Committee Newsletter, Vol. 9, No. 2 (May 2013)
Post-Petition Exercise of a Trade Vendor’s UCC Rights to Stop Delivery and Demand Cash Payments, ABI unsecured Trade Creditor’s Committee Newsletter, Vol. 11, No. 1 (Feb. 2013)
3rd Circ. Ruling Gives 363 Asset Purchasers More Security, Law360, March 7, 2014
Honors & Awards
- 2017 National Conference of Bankruptcy Judges Next Generation Participant
- Editor-in-Chief, Tulsa Journal of Comparative & International Law
- “2018 M&A Advisor Turnaround Award Winner: Healthcare/Life Sciences Deal of the Year”