1120 Avenue of the Americas
4th Floor
New York, NY 10036

email: mskapof@rccblaw.com
office: 212.994.0452
mobile: 773.240.1568
fax: 484.362.2630

Education

J.D., Order of the Coif, Washington University School of Law in St. Louis, 2000, Articles Editor, Washington University Law Quarterly

M.A., University of North Carolina at Chapel Hill, 1992

B.A., magna cum laude and departmental distinction, Political Science, Carleton College, 1989

Admissions

New York
Illinois
United States' District Court for the Southern District of New York
United States' District Court for the Eastern District of Wisconsin

Publications and Speaking Engagements

I EMPOWERED ambition when i leveraged my experience representing borrowers, lenders and distressed investors to educate an energy client on the business motivations and concerns of investors in a bond exchange offering and helped negotiate company-favorable terms during one of the most drastic declines in oil and gas prices in history.

Through an in-depth industry experience and knowledge of how distressed investors differ from traditional lenders and institutional investors, I aided the client in closing a complex financing transaction on an accelerated time-frame while also counseling on how distressed investors view a company's capital structure as a means to achieve above-average returns and arbitrage opportunities in non-traditional ways. 

My Practice Areas Are:

Business Restructuring & Bankruptcy
Corporate & Business
Litigation
International

I have worked with: 

  • Irving Picard, Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.
  • Boscov's Inc. in its successful chapter 11 reorganization.
  • Fortune 100 oil & gas company in connection with exchange offer.
  • Largest independent manufacturer and distributor of e-cigarettes and related products.
  • Major online sales platform provider in connection with IP licensed to numerous debtors.
  • Debtors, creditors, ad hoc and official creditors' committees.
  • Leading private equity sponsors in connection with LBO, CMBS and structured finance transactions.
  • Boards of Directors.
  • Purchasers and sellers of assets in distressed M&A transactions.
  • Issuers with bankruptcy risk analysis and drafting for 144A and private placement offering documents.
  • Sellers, purchasers, lenders and borrowers in various debt financings and securitizations.
  • Lenders in connection with debtor-in-possession and exit financing.
  • Lenders and borrowers with bankruptcy remoteness and other liability management transactions.
  • Energy, utilities, retail, real estate, food & beverage and health care sectors.

MY GREATEST STRENGTHS ARE:

  • Guiding a major independent retailer through its successful chapter 11 reorganization during the financial meltdown of 2007-2008.
  • Understanding my clients' businesses and industries to maximize and preserve value in even the most troubled times.

I WANT YOU TO KNOW:

  • I was selected as a 2014, 2015, and 2016 New York Metro Super Lawyer for Bankruptcy & Business.
  • I participated in numerous CLE programs discussing cutting edge issues in bankruptcy law and distressed investing.
  • I was named a Fulbright Scholar to study Poland's transition to democracy in 1994-1995.
  • I recovered billions of dollars in stolen assets form the largest Ponzi scheme in history through settlements and litigations for the benefit of defrauded investors.

WHAT MAKES ME UNIQUELY ME IS:

  • I enjoy mountain biking, hiking, cross country skiing, snow shoeing and bouldering.
  • I do all of the cooking at family events and holidays.
  • I rode the longest zip line in North America at the urging of my son and daughter.

MY PROFESSIONAL & COMMUNITY ACTIVITIES ARE:

  • Director and Chair of Programming, New York City Chapter of the Turnaround Management Association
  • Member, American Bankruptcy Institute Committee on Commercial Fraud 
  • Member, Association of Corporate Growth (ACG)


Industries of Focus

  • Retail
  • Health Care
  • Financial Services
  • Utitilites
  • Distressed Investing
  • Food & Beverage
  • Media
  • Oil & Gas
  • Real Estate
  • Travel

SUBSTANTIVE FOCUS

  • In & Out of Court Restructurings
  • Debtor Representations
  • Ad hoc & Official Creditors' Committees
  • Fiduciary Representations
  • Debt Financing
  • Distressed Debt
  • DIP Financing
  • Bankruptcy Litigation
  • Distressed M&A
  • Corporate Governance
  • Structured Finance & Securitizations