Sheryl P. Giugliano is a Partner at Ruskin Moscou Faltischek, P.C., in the Corporate Restructuring & Bankruptcy practice group. Her experience includes restructuring, bankruptcy, and litigation. Sheryl works with companies facing solvency issues to identify a solution and implement a strategic response, which includes negotiating with interested parties, creditors, and shareholders, and may also include filing for bankruptcy protection, or facilitating an out-of-court wind down.

She represents middle-market companies facing operational or litigation issues, guiding them through the Chapter 11 or Chapter 7 process to a successful reorganization or liquidation. Sheryl also represents trustees and receivers by assisting in the analysis and recovery of assets and prosecution of litigation claims, as well as secured and unsecured creditors identifying and enforcing their rights, assisting in their efforts to extend financing or consent to the use of cash collateral. In addition, Sheryl has represented contract counterparties negotiating for the highest possible cure payment or claim, defendants in preference and fraudulent conveyance actions (both in bankruptcy litigation and negotiating settlements to avoid protracted litigation), and purchasers in bankruptcy auctions.

Sheryl was selected as a New York Metro “Rising Star” by Super Lawyers for 2015-2020 and received the Turnaround Management Association Long Island Chapter 2016 “Spirit Award” for Outstanding Service.

She earned her LL.M. degree in Bankruptcy from St. John’s University School of Law, and has utilized her extensive experience in bankruptcy to expand her practice as a business-oriented lawyer. Sheryl’s litigation experience includes representing parties in bankruptcy litigation and general commercial matters. She has represented parties engaged in contract disputes in state and federal court, as well as arbitration matters before AAA and JAMS, and mediation, successfully and efficiently represents clients to achieve the optimal outcome.

Publications:

“Compensation for Services Rendered Prior to Retention Order is Authorized, Even Without Nunc Pro Tunc Approval,” The Bankruptcy Strategist, July 2020

“SCOTUS: No Safe Harbor Protection Where Financial Institutions are Mere Intermediaries,” The Bankruptcy Strategist, April 2018.

“Expansion of the Barton Doctrine to Unsecured Creditors’ Committees,” The Bankruptcy Strategist, April 2017.

“The Intent of Section 546(e),” The Bankruptcy Strategist, February 2017.

“Seventh Circuit Takes the Road Less Traveled, and Looks to the Substance of 546(e),” The Bankruptcy Strategist, September 2016.

“Valuing Bids in Bankruptcy Auctions,” The Bankruptcy Strategist, March 2016 (co-author with Adam L. Rosen).

“Spotlight on the Section 546(e) Rift,” Law360, November 2015.

“Assignment of Rents: Substance Over Form and Meaning of ‘Property of the Estate’,” Bloomberg BNA Real Estate Law & Industry Report, Vol. 6, No. 4, February 2013 (co­author with Adam L. Rosen).

Speaking Engagements:

Co-Moderator, “Leadership: Women’s Division Program: How We Are Coping During COVID,” New York Institute of Credit, Virtual Smorgasbord (2020)

Panelist, “COVID-19 Survival Skills: The New Normal and How to Adjust Your Business and Its Relationships,” Turnaround Management Association – Long Island Chapter, Virtual Webinar Series (2020)

Panelist, “A Lifeline for Small and Medium-Sized Businesses in Distress: A Practical Guide to the Small Business Reorganization Act (SBRA) as Supercharged by the CARES Act,” New York City Bar Association, New York, New York (2020)

Moderator, “Litigation Funding Through the Life of Bankruptcy Case,” Association of Insolvency & Restructuring Advisors, New York, New York (2019).

Panelist, “Ethics: Who is the Client?”, American Bankruptcy Institute, Mid-Level Professional Developmental Program, New York, New York (2019).

Panelist, “Fraud Litigation, Enforcement & Contentious Insolvency,” Knect 365 Asset Recovery in America Conference, New York, New York (2019).

Moderator, Judiciary Night: Women in the Law – A Look Back at 50+ Years, Turnaround Management Association, Long Island Chapter (2019).

Panelist, Business Bankruptcy Basics Part I: Creditor Strategies at the Beginning of the Bankruptcy Case, American Bar Association, Webinar (2019).

Panelist, Business Bankruptcy Basics Part II: Creditor Strategies During the Middle and End of the Bankruptcy Case, American Bar Association, Webinar (2019).

Panelist, Association of Insolvency and Restructuring Advisors 35th Annual Conference “Financial Toolbox,” Boston, Massachusetts (2019).

Panelist, Association of Insolvency and Restructuring Advisors 33rd Annual Conference “Financial Toolbox,” Dallas, Texas (2017).

Moderator, Creditors’ Rights and Bankruptcy Litigation Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, “In-House Insights in Bankruptcy Litigation,” New York, New York (2017).

Moderator, Turnaround Management Association, Long Island Chapter, “Politics and the Economy,” Woodbury, New York (2016).

Panelist, Association of Insolvency and Restructuring Advisors 32nd Annual Conference “Financial Toolbox,” Coronado, California (2016).

Memberships

1. The New York Bar Foundation – Fellow (2020)

2. Chapter 11 Lawyers Advisory Committee, U.S. Bankruptcy Court for the Eastern District of New York – Member (2018 to Present)

3. Turnaround Management Association, Long Island Chapter

a. Vice President Programming (2020)
b. Co-Vice President Programming (2019)
c. President (2018)
d. President Elect (2017)
e. Board of Directors – Member (2014-2016)

4. Turnaround Management Association, New York Chapter – Programming Committee member (2015 – 2017)

5. American Bankruptcy Institute – Member (2010-2020)

6. New York City Bar Association – Bankruptcy & Corporate Reorganization Committee Member (2016-2020)

a. Confirmation Issues Subcommittee – Co-Chair (2020-2021)
b. Third Party Release Subcommittee – Chair (2019-2020)
c. Third-Party Release Subcommittee – Co-Chair (2018 – 2019)

7. Association of Insolvency and Restructuring Advisors – Member (2016 – 2017)

8. New York State Bar Association – Member (2010 – 2020)

a. Federal and Commercial Litigation Section (2017 – Present)
b. Bankruptcy & Creditors’ Rights Litigation Committee – Co-Chair (2017 – 2020)

9. New York Institute of Credit Women’s Division – Member (2020)


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