Alicia M. Bendana

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Alicia M. Bendana practices bankruptcy law and commercial litigation. She has considerable and wide-ranging experience representing creditors, creditors’ committees, bankruptcy trustees, asset purchasers, and Chapter 7 and 11 debtors. Ms. Bendana has represented a variety of debtors in connection with bankruptcy proceedings and workout negotiations with creditors, taxing authorities, and other governmental agencies. In addition, she has represented creditors in Chapter 7 and 11 bankruptcy proceedings with respect to the prosecution of claims and contract rights, the partitioning of marital property, the excepting of debts from discharge, the opposing of plans of reorganization, and the proposing of competing plans. Ms. Bendana has also represented bankruptcy trustees in connection with their administration of bankruptcy estates, including in actions seeking turnover of estate property, objections to proofs of claim, prosecution of debtors’ causes of action, prosecution of avoidance actions and objections to discharge.

In addition to her bankruptcy work, Ms. Bendana has extensive experience litigating a variety of commercial and business tort cases in both state and federal courts including disputes involving commercial fraud, racketeering, officer and director liability, professional malpractice, insurance coverage, a wide variety of contracts, and trusts and estates. She has also handled indigent consumer bankruptcy and criminal defense cases on a pro bono basis.

Ms. Bendana enjoys an “AV” Peer Review Rating from Martindale-Hubbell, the highest possible rating for legal ability and ethical standards. She has authored numerous articles for professional publications and is a frequent lecturer at professional programs.

Representative Legal Matters

  • Represented Chapter 7 Trustee and obtained $21.5 million recovery for the estate in commercial fraud litigation against Fortune 500 company
  • Represented undocumented workers and obtained $4 million recovery in fraud and racketeering litigation against a Fortune 500 company affiliate
  • Represented successful “stalking horse” bidder in contested § 363 sale of $12.65 million asset in Chapter 11 proceedings
  • Represented creditors committee, and upon conversion, Chapter 7 Trustee and obtained $2.25 million recovery for the estate in breach of fiduciary suit against Debtor’s former managers
  • Represented ex-spouse of debtor and obtained $2 million recovery relative to fraud, hidden assets, breach of fiduciary duty, and the partitioning of community property pursuant to Louisiana law
  • Represented Chapter 7 Trustee and obtained $960,000.00 for the estate for claims for fraudulent conveyance against a company that purchased Debtor’s assets pre-petition, as well as company’s principal
  • Represented class of former employees of two bankrupt casinos and obtained multi-million dollar recoveries for WARN Act violations
  • Negotiated and settled guarantor liability in excess of $5 million for $7,500 on behalf of corporate debtor’s principal
  • Represented nursing home debtor-in-possession relative to successful Chapter 11 liquidation and obtained order designating tax payments to trust fund liability
  • Represented renowned New Orleans restaurant in opposing, and ultimately negotiating a settlement that terminated involuntary bankruptcy proceedings
  • Represented former shareholders and obtained a $2 million (400% of actual damages) recovery against managing shareholder, office manager, and outside accountant relative to fraud, conspiracy, and racketeering claims
  • Represented public company as Debtor in Chapter 11 proceedings

Education:

  • Juris Doctor: Tulane Law School, New Orleans, Louisiana, 1992
  • Bachelor of Arts; Hollins College, Hollins, Virginia, 1986
  • Law Journal: Tulane Environmental Law Journal, 1990 - 1992 (Senior Managing Editor 1991-1992)

Professional Honors

  • AV Rating, Martindale-Hubbell

Publications:

  • “Pleading ‘a Pattern of Racketeering Activity’ Under State and Federal Racketeering Statutes,” ABA Business Torts Journal, Winter 2016
  • Garnishment Chapter of Louisiana Civil Practice Forms (2002 - 2008) published by the West Group
  • Bankruptcy Law in Louisiana, Chapter of Louisiana Legal Services and Pro-Bono Desk Manual (2001) published by the Gillis W. Long Poverty Law Center, Loyola University, New Orleans School of Law

Presentations:

  • The Case for Expanding Louisiana’s Code of Professionalism presented at the New Orleans Bar Association Seminar, New Orleans, Louisiana (12/2015)
  • Bankruptcy Litigation 101 (6/2012) presented at the National Business Institute Seminar, New Orleans, Louisiana
  • Bankruptcy Tips for the Non-Bankruptcy Lawyer - Pitfalls to Avoid (5/2012), presented at the Federal Bar Association - New Orleans Chapter Seminar, New Orleans, Louisiana
  • Various Seminars on Family Law Issues in Bankruptcy Proceedings (2015, 2011, 2006, 2003) presented at the New Orleans Bar Association Seminar, New Orleans; the Louisiana State Bar Association Seminar, Baton Rouge; and the Bankruptcy Law Seminar, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana
  • Representing the Difficult Client (10/2010) presented at the Bankruptcy Law Seminar, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana
  • Bankruptcy Reform (12/2006) presented at the National Business Institute Seminar, New Orleans, Louisiana
  • Bankruptcy in Louisiana (8/2002, 5/2004, and 7/2005) presented at the Lorman Education Services Seminar, New Orleans, Louisiana
  • Liens and Credit Issues (8/1998, 9/2000) presented at the National Business Institute Seminar, New Orleans, Louisiana
  • Litigation in Bankruptcy Proceedings (1995) presented at the New Orleans Bar Association Seminar, New Orleans, Louisiana

Teaching

  • Tulane University School of Law, Co-Supervisor, Consumer Foreclosure Advice Clinic, 1998-2003

Professional Associations and Memberships

  • American Bar Association, Litigation Section
    Co-Chair of Fraud Sub-Committee
    Co-Chair of Fiduciary Duty Sub-Committee
    Member of Bankruptcy Litigation Subcommittee
  • New Orleans Bar Association
    Chair, Business Law Committee
    Chair, Women in the Profession Committee
  • International Women’s Insolvency & Restructuring Confederation (IWIRC)
    Member and Past (Founding) Co-Chair of the Louisiana Network
    Past Director-at-Large
  • Louisiana State Bar Association
    Member, Corporate and Business Law Sections
  • Association of Women Attorneys (AWA)
    Member

Civic Memberships

Present:

  • Homer A. Plessy Community School (Citizens’ Committee for Education)
    Vice President, Board of Directors
  • Alliance Francaise of New Orleans
    Member, Board of Directors
  • Planned Parenthood of Louisiana
    Member, Advisory Board

Past:

  • InspireNOLA Charter Schools, Inc.
    Past President, Board of Directors and Past Advisory Board member
  • Jefferson Ballet Theatre
    Member, Board of Directors

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