Alicia M. Bendana

Alicia M. Bendana

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Alicia 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. She 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.

Alicia is board certified in business bankruptcy law by both the American Board of Certification and by the Louisiana Board of Legal Specialization. She is also a Certified Fraud Examiner. Alicia enjoys an “AV” Preeminent Peer Review Rating from Martindale-Hubbell, the highest possible rating for legal ability and ethical standards. Additionally, Alicia has been recognized in The Best Lawyers in America for her work in bankruptcy, creditor-debtor rights, insolvency and reorganization law, and bankruptcy litigation. She has also been recognized in Super Lawyers in the areas of business bankruptcy, business litigation, and debtor/creditor rights and in New Orleans Magazine as one of the “Top Lawyers” in the city. Alicia has authored numerous articles for professional publications, is a frequent lecturer at professional programs, and is currently an Adjunct Associate Professor of Trial Advocacy at Tulane University School of Law.

Alicia 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 Courts and Bankruptcy Courts for the Eastern, Middle, and Western Districts of Louisiana, and all Louisiana state courts including the Louisiana Supreme Court.

Education:

Juris Doctor; Tulane University Law School, New Orleans, Louisiana, 1992

  • Senior Managing Editor of the Tulane Environmental Law Journal

Bachelor of Arts; Hollins College, Hollins, Virginia, 1986

Representative Legal Matters:

  • Represented Chapter 7 Trustee of telecommunications service provider in commercial fraud litigation against one of the 50 largest corporations in the United States.
  • Represented Chapter 7 Trustee of online wholesale distributor of food service equipment and settled breach of fiduciary duty claims against the Debtor’s former managers prior to filing suit
  • Represented Litigation Trustee and Reorganized Debtors in action against former manager of renowned New Orleans gay nightclub for, inter alia, fraud and breaches of fiduciary duty
  • Represented undocumented construction workers in fraud and racketeering litigation against a Fortune 500 company affiliate
  • Represented ship and tanker companies as successful “stalking horse” bidders in contested § 363 sale of a tanker in Chapter 11 proceedings
  • Represented creditors committee, and upon conversion, Chapter 7 Trustee of restaurant chain, in breach of fiduciary litigation against Debtor’s former managers
  • Represented former shareholders and obtained an extraordinary recovery (400% of actual damages) 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 in action against Debtor for breaches of fiduciary duty, fraud, and the partitioning of community property pursuant to Louisiana law
  • Represented two classes of former employees of two bankrupt casinos in separate bankruptcy proceedings in contested litigation involving WARN Act violation claims
  • Represented Chapter 7 Trustee of holding company in action against a third party company and its principal for fraudulent conveyances
  • Represented Debtor-in-Possession in successful Chapter 11 liquidation of nursing home and obtained order designating tax payments to trust fund liability
  • Represented well known 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

Professional Associations and Memberships:

American Bankruptcy Institute

  • Asset Sales Committee leadership (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

  • Vice-President, Bankruptcy Law Advisory Commission, Louisiana Board of Legal Specialization (2019 – present) (member since 2018)
  • Member, House of Delegates (2017 – present)
  • Member, Committee on the Profession (2016 – present) (co-chair 2018 – 2019)
  • Member, Bankruptcy Section

New Orleans Bar Association

  • Member, Bankruptcy Committee (Chair, 2018 – 2019)
  • Member, Business Litigation Committee (Chair, 2015 – 2017)
  • Women in the Profession Committee (Chair, 2014 – 2016)

American Bar Association

  • Fraud Litigation Subcommittee (Co-Chair, 2016 – 2018)
  • Fiduciary Duty Litigation Subcommittee (Co-Chair, 2016 – 2017)

Federal Bar Association

  • Member, Bankruptcy Section

Community Involvement:

Antenna (Press Street, Inc.)

Homer A. Plessy Community School (Citizens’ Committee for Education, Inc.)

InspireNOLA Charter Schools, Inc.

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