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Kyu Paek


Area of Expertise: Bankruptcy law

Work Experience

• 2014 – Present: Career Law Clerk to the Hon. Stuart M. Bernstein, U.S.B.J., S.D.N.Y.
• 2012 – 2014: Law Clerk to the Hon. James M. Peck, U.S.B.J., S.D.N.Y.
• 2007 – 2012: Schulte Roth & Zabel LLP, Business Reorganization Group


• J.D., Fordham University School of Law
• B.A., University of Texas at Austin

Bar Admissions:

• New York (including the S.D.N.Y. and E.D.N.Y.)
• Hawaii (inactive)


• American Bankruptcy Institute


• The Impaired Accepting Class Rule and the Reorganization of the Business Enterprise, NORTON JOURNAL OF BANKRUPTCY LAW & PRACTICE, February 2019.

• No Sanctions for Proof of Claim Robo-Signer in U.S. Trustee Row, NORTON BANKRUPTCY LAW ADVISER, September 2018.

• “Fresh Start” Principles Defeat Mandatory Arbitration Clause, ABI JOURNAL, June 2018.

• Does Impaired Accepting Creditor Class Rule Apply Per Debtor or Per Plan?, NORTON BANKRUPTCY LAW ADVISER, March 2018.

• Can Section 328(a) Serve as an Exception to ASARCO? One Court Says Yes, NORTON BANKRUPTCY LAW ADVISER, December 2017.

• Aggressive Creditors Beware: Egregious Stay Violations Might Merit Substantial Damages, ABI JOURNAL, September 2017.

• The Limits of 510(b) Subordination, ABI JOURNAL, May 2017.

• COMI of Offshore Funds, Revisited, ABI JOURNAL, February 2017.

• Seventh Circuit Upholds Secured Creditors’ Credit Bid Rights Under Cramdown Plan, THE BANKRUPTCY STRATEGIST, September 2011 (co-author).

CLE Presentation

• Credit Bidding in Bankruptcy Sales, June 6, 2012.