David H. Relkin

Northwestern University, B.A., Honors in Philosophy.
Attended Harvard, Columbia University, and Laval University [Montreal]
City University of the State of New York, New York, M.A. Ancient Greek Philosophy, 1982.
New School for Social Research, New York, M.A. Modern European Philosophy, 1983.
Writer and Lecturer on Broad Range of Legal Issues: "Fraudulent Conveyances (New Broad Scope of Debtor Liability for Collections)": "The New Scope of Web-Based Jurisdiction to sue foreign Entities"; "Litigation Strategies to Win"; "New Concerns for Lenders in Bankruptcy Litigation"; Author of "Creative and Strategic Analysis To Win", Author: "How to Lose a Litigation"; "Is Arbitration still viable?" Author and CLE Lecturer: "RICO in Creditor Actions"; "When not to Litigate":, "When Creditors should hold off Filing a Petition in Bankruptcy against your Borrower--The Risk of Bad Faith Filing. Find new articles at linkedin.com/in/davidrelkinlaw or relkinlaw.com
My argument to extend the reach of fraudulent conveyances to the date of commencement of Arbitration, accepted by the United States District
Court for the Southern District of New York, and repeatedly cited as controlling law.

I Specialize in Debtor and Creditor issues, Commercial Arbitration and Litigation, Judgment Collections, Bankruptcy Reclamations and Preferences, International Legal Issues, Office in Paris with strong associations with international clients.

General Counsel and Executive VP of Import/Export Commodities' Corporation.
New York County District Attorney's Office: Repeat Offender's Bureau, 1986.

Harvard University

other | Ancient Philosophy and Myth--Presocratics

1981 - present

Benjamin N. Cardozo School of Law

J.D. (1986) | Legal Studies

1983 - 1986

Honors: Moot Court Finalist Internship at Manhattan District Attorneys Office

Activities: Trial Preparation, Argument and Cross-Examination

Columbia University

History of Scientific Development--Epistemology

1985 - 1986

City University of New York - Graduate School & University Center

M.A. (1985) | Ancient Greek and Platonic Dialogues

1982 - 1985

Honors: Certificate of Merit

New School University

M.A. (1984) | Modern Continental Philosophy

1983 - 1984

Northwestern University

B.A. (1982) | Modern Philosophy -- Nietzsche

1978 - 1982

Author Erich Heller

Honors: Honors in Humanities and Philosophy MA

Activities: Editor of "In the Age of Prose"

Laval University in Montreal

B.A. | French Philosophy and Art

1980 - 1981

Honors: Honors

Managing Member

The Relkin Law Firm

Current

Business and Commercial Litigation--Fraudulent Conveyances

National Business Institute

November 1, 2016

Web Jurisdiction over out-of-state and foreign Entities

National Business Institute

2012

Judgments and Executions in and out of Bankruptcy

Duane Morris

2001

Reclamation of Goods or Their Value

Duane Morris

2001

Guaranties--Waivers and Applications in Bankruptcy

Duane Morris Reorganization and Finance Developments

2000

Hidden Liens--When relying on UCC filings are overturned, When a Lien is worthless, Bermuda

March 31, 2018

Association of Commercial Finance Attorneys

Hidden Liens are rare, but there is one that dates to 1970: the Perishable Agricultural Commodities Act, which trumps Security Interests.

COLLECTION LAW: FROM START TO FINISH, Certified by NYS Continuing Legal Educational Board, Four Points by Sheraton Plainview

August 13, 2015

National Business Institute

I have lectured on Private [Duane Morris and Kriendler & Relkin, P.C.] and Public Law [NY County Dist Attny--in Repeat Offenders Bureau] as well as inhouse counsel Import/Export Consortium--$100m/yr

National Business Institute, Collections: Seeking and Collection a Judgment, New York, NY

November 2010

Highest Rating

Justia

2009

Phi Beta Kappa

Northwestern University

1986

New York State Bar  # 2137479

Member

1987 - Current

Association of the Bar of the City of New York

Member

1986 - Current

Connecticut

Since 1985

New York

New York State Office of Court Administration

Since 1986

2nd Circuit

Since 1992

United States District Court for the District of Connecticut

Since 1998

United States District Courts for the Southern and Eastern Districts of New York

Since 1986

Arbitration & Mediation

Business Arbitration, Consumer Arbitration, Family Arbitration

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Collections

International Law

Human Rights, Imports & Exports

• Perishable Agricultural Commodities Act

Q. Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

June 30, 2022

A: Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to raise new facts on Reply. The letter to the Court by the Petitioner should be responded to based on this ground. As a sidebar, I have conducted arbitrations and motions to confirm and vacate Awards for over 30 years and a motion to confirm an Arbitration Award is almost always granted. In fact, an arbitrator is not even required to follow the law so long as it is not wholly irrational. I recommend that you consult an attorney regarding the Petition to give you the best advice. It is difficult to provide advice given the few facts that you have provided.

Q. Hello, If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?

May 11, 2022

A: Good question. The first part of the answer involves the simple availability of the name; but, given its largely unique name, you will probably have no problems registering it. Second, what is the consequence of you changing your business from (perhaps) a sole proprietorship or (perhaps) another entity that used the dba? You are generally allowed under law to assign almost any contract to another entity (e.g., your new LLC) pursuant to which the sole proprietorship may now enjoy the benefits of that contract. In other words, you may probably assign all of these kinds of rights under existing contracts to the new entity--often by simple notice to the other party to pay the LLC. (That should also involve someone reviewing your existing contracts to ensure that certain necessary notices, and other legal requirements, etc., are given and satisfied.) However, there are certain contracts according to which you are required (that is, for instance, the sole proprietorship) to give notice of an assignment and get consent from the other party, e.g., contracts that have personal obligations as a sole proprietor. These kinds of contracts generally require actual consent by the other contracting party as opposed to mere notice, as may be required under those contracts (described above) that obligate others to merely pay you. There are some important tax considerations regarding these assignments. For instance, your assignment from a sole proprietorship to an LLC may constitute an investment of capital or may be held on the books as a loan.

Q. Is it Legal for companies to buy a loan from another company and then change the terms and charge you more money?

May 9, 2022

A: The first rule when it comes to lending is that the terms of your loan cannot be modified unless the original agreement allows for it. (In many cases, lenders' agreements allow for the assignment of a loan.) Thus, unless you were to ratify the "new terms" (by having executed some type of agreement with the "new" lender), the original terms will apply. One area in which it is common that the terms may (seem to) change is in the "rate of interest" after the assignment, but that is only legal if the original bank's loan had a "floating" interest rate, and the new bank recalculated the new rate -- but only on the terms allowable under the original loan agreement.