David H. Relkin
Winning is about thinking three steps ahead: Litigation is like Chess
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, Ancient Greek Philosophy, 1982.
New School for Social Research, New York, Modern European Philosophy, 1983.
Writer and Lecturer on a 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 and out-of-State 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
In a seminal case, I successfully argued that a Creditor may extend the time to reach fraudulent conveyances to the date of commencement of an Arbitration was accepted by the United States District Court for the Southern District of New York and is now a generally accepted reach-back provision under the UFTA and the New York Debtor and Creditor Law.
I Specialize in Debtor and Creditor issues, Commercial Arbitration and Litigation, Judgment Enforcement and Collections, Bankruptcy Reclamations and Preferences, International Legal Issues and strong associations with National and 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
- - present
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- Benjamin N. Cardozo School of Law
- J.D. (1986) | Legal Studies
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- Honors: Moot Court Finalist Internship at Manhattan District Attorneys Office
- Activities: Trial Preparation, Argument and Cross-Examination
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- Columbia University
- History of Scientific Development--Epistemology
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- City University of New York - Graduate School & University Center
- M.A. (1985) | Ancient Greek and Platonic Dialogues
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- Honors: Certificate of Merit
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- New School University
- M.A. (1984) | Modern Continental Philosophy
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- Northwestern University
- B.A. (1982) | Modern Philosophy -- Nietzsche
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- Author Erich Heller
- Honors: Honors in Humanities and Philosophy MA
- Activities: Editor of "In the Age of Prose"
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- Laval University in Montreal
- B.A. | French Philosophy and Art
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- Honors: Honors
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- Managing Member
- The Relkin Law Firm
- Current
- Business and Commercial Litigation--Fraudulent Conveyances
- National Business Institute
- Web Jurisdiction over out-of-state and foreign Entities
- National Business Institute
- Judgments and Executions in and out of Bankruptcy
- Duane Morris
- Reclamation of Goods or Their Value
- Duane Morris
- Guaranties--Waivers and Applications in Bankruptcy
- Duane Morris Reorganization and Finance Developments
- Hidden Liens--When relying on UCC filings are overturned, When a Lien is worthless, Bermuda
- 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
- 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
- Highest Rating
- Justia
- Phi Beta Kappa
- Northwestern University
- New York State Bar # 2137479
- Member
- - Current
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- Association of the Bar of the City of New York
- Member
- - Current
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- Connecticut
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- New York
- New York State Office of Court Administration
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- 2nd Circuit
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- United States District Court for the District of Connecticut
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- United States District Courts for the Southern and Eastern Districts of New York
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- Free Consultation
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
- Collections
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- International Law
- Human Rights, Imports & Exports
- Perishable Agricultural Commodities Act
- English
- Q. What happens if someone breaks a real estate contract/intent to sell contract? What are my options
- A: It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will force the seller to clear the title and close. If not, some contracts allow a buyer 'specific performance", which in your case is to compel the seller to deliver a deed.
- Q. Good evening, I have a business name registered as a not for profit in NYS. Can I change it to an LLC?
- A: You say you registered a "name". And, in another place, you call the existing not-for-profit entity an "organization." Even if it were an LLC, you need to form a new LLC since that entity was formed and exists under a special provision of the law. If there were significant financial issues, we might be able to come up with another solution, but you should simply dissolve the present corporation and create an LLC. Dozens of reputable companies will do this for a modest price.
- Q. If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?
- A: First, a motion to dismiss scuttles the trial dates until it is decided. After the Court issues a Decision on the motion, there should be a Trial Conference to schedule new dates and procedures for pre-trial disclosure.
And, while the CPLR (not even the Uniform Trial Rules promulgated by the Courts) requires that motions be decided in 60 days (CPLR 2219), there is nothing in the Rules that says what happens when the Court ignores this time limit. The only thing to do is to write a letter to the Judge to "advise" him or her that the motion is outstanding and provide some factual support for prejudice to your rights. It should be respectful but firm. If another 45 days goes by without ... Read More
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