Alicia M. Bendana

Alicia M. Bendana

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Alicia M. Bendana practices business bankruptcy law and commercial litigation with an emphasis on prosecuting and defending complex and multi-layered litigation claims on behalf of trustees, debtors, creditors, creditors’ committees, and other interested parties in Chapter 7 and 11 bankruptcy proceedings. Ms. Bendana represents clients as lead or co-lead counsel in the prosecution of officer and director liability litigation, legal and accounting malpractice liability litigation, fraud and RICO litigation, fraudulent transfer/preference avoidance litigation, contract disputes, insurance disputes, the partitioning of marital property in bankruptcy court, the excepting of debts from discharge, the opposing of plans of reorganization and the proposing of competing plans, and the purchase of assets from bankruptcy estates.

Ms. Bendana is board certified in business bankruptcy law by the American Board of Certification and by the Louisiana Board of Legal Specialization. She enjoys an “AV” Preeminent Peer Review Rating from Martindale-Hubbell, the highest possible rating for legal ability and ethical standards. Ms. Bendana has also been recognized by Louisiana Super Lawyers in the areas of business bankruptcy, business litigation, and debtor/creditor rights and by New Orleans Magazine as one of the “top lawyers” in the city. She has authored numerous articles for professional publications and is a frequent lecturer at professional programs.

Ms. Bendana is a member of the Louisiana Bar and is admitted to practice before the United States Supreme Court, the United States Fifth Circuit Court of Appeals, the United States District Court and Bankruptcy Court for the Eastern, Middle, and Western Districts of Louisiana, and all Louisiana state courts including the Louisiana Supreme Court.

Ms. Bendana earned her Juris Doctor from Tulane University School of Law where she was the senior managing editor of the Tulane Environmental Law Journal. She earned her Bachelor of Arts from Hollins College.

Representative Legal Matters

  • Represented Chapter 7 Trustee and obtained $21.5 million recovery for the estate in commercial fraud litigation against one of the 50 largest corporations in the United States
  • Represented Chapter 7 Trustee and obtained $4.75 million recovery for the estate relative to breach of fiduciary duty claims against the Debtor’s former managers
  • 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 litigation against Debtor’s former managers
  • Represented former shareholders and obtained a $2 million (400% of actual damages) recovery against managing shareholder, office manager, and independent external accountant relative to breach of fiduciary duty, accounting malpractice, fraud, conspiracy, and racketeering claims
  • Represented ex-spouse of debtor and obtained $2 million recovery relative to breach of fiduciary duty, fraud, and the partitioning of community property pursuant to Louisiana law
  • Represented class of former employees/creditors of two bankrupt casinos in separate proceedings and obtained multi-million dollar recoveries for WARN Act violations
  • Represented reorganized debtors and obtained recovery in excess of $800,000.00 from former corporate officer, relative to, inter alia, breach of fiduciary duty and fraud claims
  • Represented Chapter 7 Trustee and obtained $960,000.00 for the estate relative to claims for fraudulent conveyance against a third party company and its principal
  • Negotiated and settled guarantor liability in excess of $5 million for $7.5 thousand on behalf of corporate debtor’s principal
  • Represented debtor-in-possession in 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
  • In a case of first impression, obtained judgment in the Fifth Circuit Court of Appeals establishing Chapter 7 trustees’ statutory fees as being presumptively reasonable

Publications

  • Pleading ‘a Pattern of Racketeering Activity’ Under State and Federal Racketeering Statutes, ABA Business Torts Journal, Winter 2016
  • Garnishment Chapter in 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

  • Issues and Duties When Lawyers Leave a Firm presented at the New Orleans Bar Association’s Procrastinators’ Program (12/2017)
  • D&O Liability Claims in Bankruptcy presented at the National Association of Bankruptcy Trustees Annual Convention in New Orleans, Louisiana (9/2017)
  • 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 presented at the National Business Institute Seminar, New Orleans, Louisiana (6/2012)
  • Bankruptcy Tips for the Non-Bankruptcy Lawyer - Pitfalls to Avoid, presented at the Federal Bar Association - New Orleans Chapter Seminar, New Orleans, Louisiana (5/2012)
  • Various Seminars on Family Law Issues in Bankruptcy Proceedings 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 (9/2015, 12/2011, 2006, 11/2003)
  • Representing the DIfficult Client, presented at the at the Bankruptcy Law Seminar, Paul M. Herbert Law Center, Louisiana State University, Baton Rouge, Louisiana (10/2010)
  • Bankruptcy Reform, presented at the National Business Institute Seminar, New Orleans, Louisiana (12/2006)
  • Liens and Credit Issues presented at the National Business Institute Seminar, New Orleans, Louisiana (8/1998, 9/2000)
  • Litigation in Bankruptcy Proceedings presented at the New Orleans Bar Association Seminar, New Orleans, Louisiana (1995)

Teaching

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

Professional Associations and Memberships

American Bar Association
Co-Chair, Fraud Litigation Subcommittee (2016 – present)
Member, Fiduciary Duty Litigation Subcommittee (Co-Chair, 2016 – 2017)
Member, Director and Officer Liability Subcommittee
Member, Bankruptcy and Insolvency Litigation Subcommittee
American Bankruptcy Institute
Communications Manager, Asset Sales Committee (2017 – present)
Member, Bankruptcy Litigation Committee
Member, Commercial Fraud Committee
International Women’s Insolvency & Restructuring Confederation (IWIRC)
Director at Large, (2013 – 2015)
Member of the Louisiana Network (Founding Co-Chair, 2011 – 2015)
Louisiana Bar Association
Member, House of Delegates (2017 – present)
Member, Committee on the Profession (appointed position: 2016 – present)
Member, Bankruptcy Section
New Orleans Bar Association
Chair, Bankruptcy Committee (2018 – present)
Member, Business Litigation Committee (Chair, 2015 – 2017)
Member, Women in the Profession Committee (Chair, 2014 – 2016)

Community Involvement

Homer A. Plessy Community School (Citizens’ Committee for Education)
President, Board of Directors (2017- present) (board member since 2014)
Planned Parenthood of Louisiana
Member, Advisory Board (2015-present)
Alliance Francaise of New Orleans
Board Member (2015-2017)
InspireNOLA Charter Schools, Inc.
President, Board of Directors and Advisory Board Member (2012 – 2014)

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