Kyu Paek

[email protected]

Kyu (Mike) Paek is the Chief Deputy Clerk for the Southern District of New York Bankruptcy Court.  In that role, Mike manages and oversees all aspects of court operations for one of the busiest bankruptcy courts in the country.  Mike is dedicated to fostering a first-class venue for distressed companies to reorganize and for individuals to achieve a fresh start.  His leadership has been instrumental in guiding the court through the countless obstacles created by the Covid-19 pandemic.

Prior to his current role, Mike served as career law clerk to the Honorable Stuart M. Bernstein, assisting with numerous high-profile “mega” chapter 11 cases, chapter 15 cross-border cases, brokerage liquidations under the Securities Investor Protection Act, and multi-million-dollar adversary proceedings.  He previously worked in the Business Reorganization Group of Schulte Roth & Zabel LLP, where he represented debtors, creditors, DIP lenders and investors.

Mike was included in the American Bankruptcy Institute’s “40 Under 40” list of emerging leaders in the insolvency profession.  He is also a frequent contributor to well-regarded bankruptcy publications including the ABI Journal, Norton Bankruptcy Law Adviser and Norton Journal of Bankruptcy Law & Practice.

Experience

• 2020 – Present:  Chief Deputy Clerk of the United States Bankruptcy Court, S.D.N.Y.
• 2014 – 2020:  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:  Associate, Schulte Roth & Zabel LLP, Business Reorganization Group

Education

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

Publications

• Bankruptcy Practice in the Post-COVID World, Norton Journal of Bankruptcy Law & Practice, August 2021
• 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 Presentations

• Navigating a Bankruptcy Sale: The Bidding Procedures, April 23, 2021 (co-presenter)
• Court Technology for Remote Appearances, March 19, 2021 (co-presenter)
• Bankruptcy & Virtual Lawyering: A Court Technology Update For Remote Appearances, December 10, 2020 (co-presenter)
• Credit Bidding in Bankruptcy Sales, June 6, 2012