Frederick E. Schmidt, Jr.

Member

Erik has practiced bankruptcy law for more than 30 years. He represents debtors, creditors, creditors' committees, asset purchasers, and other parties-in-interest in sophisticated Chapter 11 cases as well as non-judicial corporate reorganizations and restructurings. He is a nationally known bankruptcy attorney — admitted in three states, based in New York and Texas, and engaged regularly in Chapter 11 proceedings in jurisdictions across the country.  

Erik’s debtor-side work is focused on guiding businesses through the process of financial restructuring in the context of continuing operations. He advises clients on their legal and financial obligations, drafts reorganization plans, negotiates with creditors, and obtains critical court approvals. Erik is adept at balancing the interests of a multitude of stakeholders, maximizing value, and positioning clients for the best possible outcome. He has experience representing high-profile debtors in a wide range of industries, from chemical manufacturing to luxury hospitality and everything in between.

Erik frequently represents creditors’ committees, creditors, trustees, secured lenders, landlords, purchasers and other parties-in-interest in Chapter 11 matters. This work is by definition more reactive, but no less important. Creditors rely on him to analyze financial documents, motions, and plans of reorganization; advise on strategic decisions; negotiate with debtors and other creditors; and ensure client interests are protected. He also represents purchasers of Chapter 11 assets, counselling on bankruptcy auction rules and the monetary and nonmonetary considerations of asset sales.  

Erik is a registered mediator with the U.S. Bankruptcy Court for the Southern District of New York and routinely leads mediations for clients with interests in pending or potential bankruptcy cases with the goals of reaching a non-litigated resolution.  

 

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Experience

News

Anti-Forum Shopping Bill Reintroduced: A Q&A with Cozen O’Connor's Thomas J. Francella, Jr., Marla S. Benedek, and Frederick E. Schmidt, Jr. [Law.com]

November 15, 2021

Thomas J. Francella, Jr., Marla S. Benedek, and Frederick E. Schmidt, Jr. discuss the Bankruptcy Venue Reform Act of 2021, also known as the 2021 Act, in a Q&A in the Texas Lawyer. Senator Elizabeth Warren and Senator John Cornyn reintroduced the Act in September 202l as an effort to restrict where a non-individual debtor is allowed to file for bankruptcy.

17 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

September 27, 2019

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.

Cozen O’Connor Appointed to Oversee Creditors’ Committee for Warrior Golf Reorganization

April 03, 2019

Warrior filed voluntary petitions for Chapter 11 relief in the U.S. Bankruptcy Court for the Southern District of Texas Laredo Division to facilitate its reorganization. During this time, its custom golf business and nationwide portfolio of public courses remain open for business.

Cozen O’Connor Oversees Bankruptcy Acquisition of New York-based Luxury Coffee Chain FIKA

January 22, 2019

Attorney Frederick E. Schmidt, Jr. Guides Senior Secured Lender Through a Complex Chapter 11 Section 363 Sale

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

September 21, 2018

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."

12 Cozen O’Connor Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars

October 19, 2017

Super Lawyers has named 12 attorneys at Cozen O’Connor to its 2017 lists of top practitioners in the New York metro area. Six were recognized as Super Lawyers and six were named “Rising Stars,” a list that recognizes attorneys under the age of 40.

19 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 05, 2016

The 2016 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

21 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 05, 2015

The 2015 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Publications

Don’t Give Up Your Leverage — The Interplay Between Vessel Arrest and the Automatic Stay [Alert]

April 28, 2021

Geoffrey Ferrer, Christopher Raleigh, Neil Quartaro, Eric Scherling, and Erik Schmidt discuss a recent victory for a client in connection with a debtor that was in severe financial distress.

Education

  • Brooklyn Law School, J.D., 1994
  • University of Connecticut, B.S., 1990
  • Connecticut
  • New York
  • Texas

American Bankruptcy Institute

Turnaround Management Association