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Deborah Kovsky-Apap

Deborah Kovsky-Apap is a partner in the Corporate Restructuring and Bankruptcy Practice Group of Pepper Hamilton LLP, resident in the Detroit office. She focuses her practice on bankruptcy insolvency and out-of-court workouts.

Ms. Kovsky also has substantial litigation and trial experience in the areas of bankruptcy, commercial and securities law.

Ms. Kovsky is a member of the board of the Michigan Network of the International Women’s Insolvency and Restructuring Confederation and is a member of the American Bankruptcy Institute. In the community, she serves on the executive board of the Anti-Defamation League and on the board of JARC.

Representative matters in which Ms. Kovsky has participated include:

  • Kodak – representation of claimant in patent ownership dispute in bankruptcy
  • Snokist Growers – representation of successful bidder in bankruptcy asset sale
  • Diabetes America, Inc. – representation of successful stalking horse bidder in bankruptcy asset sale
  • Bullion River Gold Corp. – representation of plan sponsor/investor in stock acquisition
  • General Motors – representation of debtor in litigation with secured creditor
  • Chrysler – representation of multiple unsecured creditors
  • BHM Technologies – representation of Chapter 11 debtors
  • Enron – representation of defendant in $10 million preference lawsuit.

Ms. Kovsky’s recent publications and presentations include:

  • Debt Adjustments for Municipalities Under Chapter 9 of the Bankruptcy Code: A Collier Monograph (co-author) (2012)
  • “Creditors’ Committees in Reorganization Cases,” (co-author), chapter in Collier Bankruptcy Practice Guide (2012)
  • “A Little (Bankruptcy) Something for Everyone: Complaints, Contracts and Committees,” presentation to the North American Retail Industry Credit Group (April 14, 2011)
  • “Minimizing Your Exposure and Costs in Preference Litigation,” presentation to the National Consumer Products Manufacturers Credit Group (November 17, 2011)
  • “Alternatives to Bankruptcy Under Federal and State Law” (co author), chapter in Navigating Today’s Environment (2010)
  • “Bankruptcy Code Provides Enhanced Pension Plan Protection: Third Circuit” (co-author), The Legal Intelligencer (September 3, 2010)
  • “Making the Extraordinary Ordinary: How to Protect Yourself from Potential Preference Claims” (co-author), Pratt’s Journal of Bankruptcy Law (November/December 2010)
  • “Why a Pure Heart and Empty Head Aren’t Enough: The ‘Good Faith’ Defense in Ponzi Scheme Litigation” (co-author), The Financial Fraud Law Report (September 2010)
  • “Recent Developments in Bankruptcy Litigation,” presentation to the National Food and HBC Manufacturers Credit Group (June 14, 2010).

Ms. Kovsky was selected for inclusion on the 2014 Michigan Rising Stars list.

Ms. Kovsky received her A.B. from Harvard College, magna cum laude, in 1996, and her law degree from Columbia Law School in 2003, where she was a Harlan Fiske Stone Scholar and an associate editor of the Columbia Law Review.

Prior to joining Pepper Hamilton, Ms. Kovsky was an associate at Wilmer Cutler Pickering Hale and Dorr LLP in New York.

Ms. Kovsky is admitted to practice in Michigan, New York and New Jersey, and before the Sixth Circuit Court of Appeals, the U.S. District Courts for the Eastern and Western Districts of Michigan, the Southern District of New York and the District of New Jersey.



Education
A.B. 1996, magna cum laude, Harvard College
J.D. 2003, Columbia Law School; member, Columbia Law Review


Bar Admissions
Admitted to practice in Michigan, New York and New Jersey

Deborah Kovsky-Apap
Partner
Phone: 248.359.7331
Fax: 313.731.1572
kovskyd@pepperlaw.com
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Office(s)
Detroit

Practice Area(s)
Corporate Restructuring and Bankruptcy


Articles


Village at Camp Bowie: The Fifth Circuit Weighs In on Artificial Impairment

How to Reclaim Something that Isn’t There: A Creative Way Around § 546(c)


Looking a Gift Horse in the Mouth: Second Circuit Finds Class-Skipping Gift Violates Absolute Priority Rule

Alternatives to Bankruptcy under Federal and State Law


Bankruptcy Code Provides Enhanced Pension Plan Protection: Third Circuit

Making the Extraordinary Ordinary: How to Protect Yourself from Potential Preference Claims


Why a Pure Heart and Empty Head Aren’t Enough: The 'Good Faith' Defense in Ponzi Scheme Litigation

The Power of ‘Or’: Third Circuit Denies Secured Lenders the Right to Credit Bid in Philadelphia Newspapers


Buyer Beware: Third Circuit Denies $15 Million Break-Up Fee for Failure to Meet O’Brien Standard

SIFMA and FIA File Brief as Amici Curiae in Appeal to Second Circuit of Decision Holding that Broker-Dealer Had 'Dominion and Control' over Hedge Fund Account


Hedge Fund Broker's Actions May Establish Good Faith Defense Against Ponzi Scheme

Hedge Fund Broker's Actions May Establish Good Faith Defense Against Ponzi Scheme


New York Bankruptcy Court Holds Broker Liable to Return Over $141 Million in Margin Payments

Timing of Payments Under BAPCPA's Section 503(b)(9)


Much Ado About Nothing (Or Not Very Much):  The New Reclamation and Administrative Expense Claims Under BAPCPA



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