Harold S. Novikoff
Harold S. Novikoff is Of Counsel in the Restructuring and Finance Department at Wachtell, Lipton, Rosen & Katz. He focuses on creditors’ rights, bankruptcy, debt restructurings and financial market transactions. Mr. Novikoff has 40 years of professional experience in representing the principal lenders, bondholders and underwriters in Chapter 11 cases and out-of-court debt restructurings of a wide range of public and private companies; purchasers of and investors in financially distressed companies; and dealers and other market participants in connection with derivatives, repurchase agreements, securities loans and other financial market transactions.
In addition to his role in the firm’s restructuring and finance practice, Mr. Novikoff has chaired and taught numerous continuing legal education and professional programs on a broad spectrum of financial, creditors’ rights and bankruptcy-related topics, including Chapter 11 plans and disclosure statements, distressed company and debt purchases, valuation of companies in Chapter 11, special protections for financial market transactions in bankruptcy, broker-dealer failures, structuring of loans and other credit transactions and avoidance actions. He is a co-author of Collier on Bankruptcy, and an author of numerous published articles and outlines on bankruptcy-related topics.
Mr. Novikoff is a former commissioner of the ABI Commission to Study Chapter 11 Reform, a former chair of the Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York, a member of the Executive Committee of the National Bankruptcy Conference, a fellow of the American College of Bankruptcy, and a member of the Dean’s Council of Columbia Law School.
Recent representations include the United States Treasury in the rescue of Fannie Mae and Freddie Mac, JPMorgan (the largest secured creditor) in the Lehman Brothers and MF Global bankruptcies cases and major creditors of Thornburg Mortgage, Collins & Aikman, KKR Atlantic and Pacific, Axon Financial, Victoria Finance, Dreier, American Home Mortgage, 360networks and National Century Financial Enterprises.
Mr. Novikoff received his bachelor’s degree with distinction from Cornell University. He received his juris doctor from Columbia University School of Law, where he was a member of the Board of Editors of the Columbia Law Review.
- Corporate Bankruptcy and Restructuring: 2018-2019,
in Harvard Law School Forum on Corporate Governance and Financial Regulation, February 17, 2019.
- Corporate Bankruptcy and Restructuring 2016/2017,
in Columbia Law School’s Blog on Corporations and the Financial Markets, January 20, 2017.
- Co-author, The Chapter 11 Plan,
in Collier Bankruptcy Practice Guide (LexisNexis, 2016).
- The "Estate Neutral" Proposed by the ABI Commission and the "Responsible Party" Proposed by the National Bankruptcy Conference: Some Observations,
in 41st Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, September 16-17, 2015.
- Supreme Court Permits Bankruptcy Courts to Issue Final Judgments with Parties' Consent,
in Harvard Law School Bankruptcy Roundtable, June 9, 2015.
- Special Bankruptcy Code Protections for Derivative and Other Financial Market Transactions,
in 40th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, September 17-18, 2014 pg 121.
- Developments in Sovereign Debt Restructurings: NML Capital v. Republic of Argentina,
in 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganization, September 18-19, 2013 pg 405.
- Ethical Implications of Delegating Receipt of Material Nonpublic Information to Attorneys,
in 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganization, September 18-19, 2013 pg 87.
- Reimbursement of Professional Fees for Creditors in Chapter 11 Cases,
in 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganization, September 18-19, 2013 pg 121.
- Treatment of Foreign Avoidance Judgments: 'Rubin' and Modified Universality,
in 39th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganization, September 18-19, 2013 pg 415.
- Recognition of Offshore Insolvency Proceedings: 'Fairfield Sentry',
in New York Law Journal, May 7, 2013.
- Dealmaking in a Distressed Environment,
in The Harvard Law School Forum on Corporate Governance and Financial Regulation, April 17, 2013.
- Federal Appeals Court Reinstates Fraudulent Transfer Judgment Against Lenders,
in The Harvard Law School Forum on Corporate Governance and Financial Regulation, June 6, 2012.
- Bankruptcy Court Voids Subsidiary Guaranties and Liens as Fraudulent Transfers,
in Bank and Corporate Governance Law Reporter Volume 43 Number 4, December 2009.