Justin A. Heller

Justin Heller is Co-Chair of Whiteman Osterman & Hanna’s Business Restructuring, Creditor’s Rights & Bankruptcy, and a member of the Litigation and Appeals and Business, Corporate and Commercial Practice Groups. Justin concentrates his practice in the areas of business and commercial law and litigation, creditors’ rights and bankruptcy.

In the area of creditors’ rights, Justin represents lenders in commercial loan workouts and restructurings, liquidations, foreclosures, fraudulent conveyance and other litigation, complex judgment enforcement, UCC sales and receiverships. He regularly represents secured and unsecured creditors in all facets of commercial bankruptcy cases, including involuntary bankruptcies, asset recovery, preference and other bankruptcy court litigation, contested valuations, cash collateral proceedings, bankruptcy sales and plan confirmation. Justin also frequently serves as a court appointed receiver and receiver’s counsel.

Justin has vast experience representing borrowers in workouts and litigation, and regularly serves as debtor’s counsel in Chapter 11 bankruptcy proceedings. Justin’s Chapter 11 clients have included manufacturers, wholesalers and suppliers, restaurants, hotels, real estate developers, insurance agencies, medical practices and retailers. Justin also has significant experience as creditors’ committee counsel and as Chapter 11 trustee.

Outside the areas of creditors’ rights and bankruptcy, a significant portion of Justin’s practice is devoted to a broad range of commercial and business litigation in state and federal court, in arbitration proceedings and appeals, including all manner of contract and commercial disputes, including lender liability, fraudulent conveyance and other insolvency-related litigation, business divorce and related shareholder and partnership disputes, fiduciary matters, and real estate disputes.

As a business lawyer, Justin regularly provides counsel and representation to business clients in corporate, financial, transactional and general business matters.

Representative Accomplishments

• Represented more than 150 medical providers in more than fifty lawsuits through New York in disputes over who was entitled to the proceeds of sale of the Medical Liability Mutual Insurance Company: the medical providers who were the policy holders, or the employers who paid their policy premiums; obtained reversals of adverse trial court decisions in the 2nd and 3rd Departments of the New York Appellate Division, culminating in affirmance by the New York Court of Appeals in Columbia Mem. Hosp. v Marcel E. Hinds, 36 NY3d 904 (2021).

• Obtained dismissal of a declaratory action brought in federal court concerning shareholder transfer restrictions, which was confirmed by the Second Circuit Court of Appeals in Berardi v Berardi, 2024 U.S. App. LEXIS 7101 (2d Cir. 2024).

• Obtained reversal on behalf of corporate borrower and guarantors of deficiency judgment in excess of $1,000,000 in Trustco Bank v Preserve Dev. Group Co., LLC, 190 AD3d 1176 (3d Dept 2021).

• Represented creditor in state court fraudulent conveyance litigation concerning transfers of luxury real estate valued at more than $20,000,000.

• As debtor’s Chapter 11 counsel, successfully confirmed Chapter 11 plans in cases involving insurance companies, hotels, restaurants, manufacturers, retailers and medical practices.

• Represented petitioning creditors in an involuntary bankruptcy case filed against a large ponzi scheme involving more than $100,000,000 in claims.

• Obtained dismissal and stay relief in countless bankruptcy cases on behalf of secured creditors.

• Successfully defended parties in numerous bankruptcy court adversary proceedings involving fraudulent conveyance, preference and other claims.

• Appointed Chapter 11 Trustee in orderly liquidation of national manufacturing and distribution company, involving large number of claims objections, preference claims and asset recovery.

• Receivership experience includes: appointment as a federal court Receiver in a tech support scam case brought by the Federal Trade Commission; numerous appointments in state court cases involving businesses and real estate; and receiver’s counsel in a federal receivership case involving a large solar developer and operator; and in a Vermont state court action concerning the closure of a large commercial bakery.

• Has served as Arbitrator in hundreds of commercial cases administered through the American Arbitration Association.

Affiliations

Admitted to practice in New York and in the Federal District Court for the Northern, Southern, Eastern and Western Districts of New York, and the Second Circuit Court of Appeals.

Member of the American Arbitration Association Roster of Neutrals

Member and past President of the Capital Region Bankruptcy Bar Association, and a member of the Albany County, New York State, and Federal Bar Associations.

Named as a top bankruptcy and creditor/debtor rights attorney in New York Super Lawyers Upstate Edition for 2008 through 2024.

Background/Education

Prior to joining the firm, Mr. Heller was a partner in Nolan Heller Kauffman LLP and its predecessor firms. Mr. Heller received his Bachelor of Arts degree from Ohio Wesleyan University and graduated cum laude from Albany Law School.