GARY F. SEITZ

Member

601 Walnut Street, Suite 280S Philadelphia, Pennsylvania 19106

913 N. Market Street, 10th Floor
Wilmington, Delaware 19801
Direct Dial: 215-238-0011
Fax: 215-238-0016
Email: gseitz@gsbblaw.com
Gary F. Seitz



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Gary F. Seitz is a member in the firm’s Philadelphia office. He concentrates his practice in the areas of commercial bankruptcy, commercial litigation and transportation including admiralty and maritime law. Gary serves as a Chapter 7 Panel Trustee in the United States Bankruptcy Court for the Eastern District of Pennsylvania and acts as Trustee in Chapter 7 and Chapter 11 cases in the Eastern District of Pennsylvania and the District of Delaware. He has extensive experience handling bankruptcy matters for creditors, asset purchasers and trustees. Gary also has expertise in admiralty and maritime litigation and transactions with particular emphasis on marine financing and vessel foreclosures. Gary is admitted to practice in Delaware, Pennsylvania and New Jersey, the United States Court of Appeals for the Third and Fifth Circuits and the United States District Courts for the Eastern, Middle and Western Districts of Pennsylvania, the District of New Jersey and the District of Delaware.

Prior to joining Gellert Scali Busenkell & Brown, LLC, Gary served as the Chair of the Bankruptcy and Business Finance Practice Group of Rawle & Henderson, LLP.
education Tulane University School of Law, LL.M. in Admiralty 1988
University of Iowa College of Law, J.D. 1986
Shanghai Law Research Institute, Law and Trade Program 1984
Buena Vista University, B.A. magna cum laude 1983
bar admissions Active admission to the state and federal bars of Delaware, Pennsylvania, and New Jersey;
U.S. Courts of Appeal for the Third and Fifth Circuits.
Inactive admission status to the state and federal bars of Iowa, Louisiana, and Washington.
representative matters

Receivership/Sequestrator:


Appointed receiver or sequestrator to operate and liquidate commercial properties and a variety of businesses to recover unpaid taxes and to assist creditors in maximizing their return on the debtors’ collateral.

Bankruptcy:


Represent trustees, creditors, and creditors’ committees, landlords, and asset purchasers in numerous bankruptcy cases filed in Pennsylvania, Delaware, and New Jersey.

Involved in financing & carve-out negotiations, lease assumption & rejection matters, avoidance action litigation, and all aspects of liquidation, sale, or purchase of debtor’s assets, including real estate.

Represent trustees, creditors, asset purchasers, and creditors’ committees in major bankruptcy cases, including Montgomery Ward, Uniroyal, Super American Tissue, Matlack, e.Spire Communications, MUMA, AxisTel, Permagrain, Discovery Zone, NGVSI, Eagle Geophysical, Uiterwyk, Global Homes, IT Group, SemCrude, Flying J, and WCI.

Trustee:


Serve as Member of panel of bankruptcy trustees and Chapter 11 Trustee in U.S. Bankruptcy Court for Eastern District of Pennsylvania. Major appointments include Matlack Systems, e.Spire Communications, Permagrain Products, Cavalier Industries, Brooks Provisions, Scimeca Foundation and Sno Mountain (Montage).

Serve as Chapter 7 and Chapter 11 Trustee in cases in U.S. Bankruptcy Court for District of Delaware.

Serve as receiver in state and federal court receivership.

Business Litigation:


Handled and supervised the representation of clients in a wide range of commercial and general business litigation. He has handled commercial, contract, corporate insurance, and real estate disputes, as well as general and business torts. He employs a tough-minded, business-oriented approach to the assessment and conduct of litigation and has enjoyed great success in achieving favorable results that meet the business objectives of his clients.

Supervised the resolution of over one hundred mechanics lien claims, over five hundred preference and fraudulent transfer cases, as well as hundreds of tax claims, including tax liens, in a telecommunications bankruptcy case.

Preference recovery program in a major bankruptcy case that recovered over ten million dollars for the litigation trust in more than 1200 preference and fraudulent conveyance actions.

Represented a machine shop in a commercial dispute over the fabrication of specialized equipment used in the steel processing industry that resulted in a settlement that pleased the client and was nearly three times the amount that the client’s first firm contact recommended the claim was worth.

Defended many companies that have been sued in bankruptcy court for preferential or fraudulent transfers. Have tried several cases to conclusion.

Business Transactions:


Business practice involves both day-to-day advice for long-standing business clients, and transactional work, such as marine financing deals. Advise clients on matters of corporate governance, licensing, international trade and joint ventures:
Assisting a client in its ongoing efforts to bid on the acquisition of control of a foreign state-run shipyard

Representing finance companies in preparing work out documentation and customized contracts and negotiating distressed loan work outs.

Advising businesses in compliance with various federal regulations.

Counseling international trading company engaged in importing bulk fragrance products from abroad.

Assisting company in registering its trademarks.

Advising bank on structure of financing deal, cross-col lateralization and documentation issues in connection with a loan to build a tug boat.

Representing Chinese bidders in their effort to purchase industrial assets out of bankruptcy.

Representing numerous corporations and limited liability companies in the process of formation and in connection with their corporate governance.

Transportation:


Maritime adviser to the trial team that defended the owners of a Duck boat filled with passengers that was sunk when overrun by a tug and barge.

Represent unpaid charterers and suppliers in a series of ship arrests and attachments in the Delaware River Port .

Assisted a ship design firm in successfully preventing the bankruptcy sale of a vessel to insiders and assisted in successfully prosecuting claims for pre-petition services in bankruptcy court.

Defended trucking companies in preference, fraudulent conveyance and overcharge litigation commenced in Delaware bankruptcy court.

Assisted an ocean carrier in resolving title and potential multiple liability with regard to competing claims to containerized goods.

Assisted trustees and debtors-in-possession as special maritime counsel.

Assisted top-twenty transportation and logistics creditor in getting appointed to the Official Committee of Unsecured Creditors, advised company with respect to its responsibilities, prosecuted claims including critical vendor, carrier and warehouse liens.

Prepare and analyze ship and yacht finance and sale documents.

Prosecute claims for damage caused by oil spills with the National Pollution Fund.

Represent marine lenders and borrowers, ship owners-operators, yacht owners, marine insurers, and terminal operators in litigation cases covering the spectrum of maritime law including marine finance, insurance, vessel casualties, cargo loss and damage, and lien execution.
professional affiliations Maritime Law Association (Procter in Admiralty)
Transportation Law Association, Bankruptcy Committee Co-chair
EDPA Bankruptcy Conference
Delaware American Bankruptcy Inns of Court, Group Leader
General Counsel, Great Wall Chinese School (1994–Present)
Board Member, The Miquon School (2003–2008)
Board Member & Corporate Secretary, Plymouth-Whitemarsh Band Boosters, Inc. (2009–2012)
American Bankruptcy Institute
National Association of Bankruptcy Trustees
special recognitions Gary is AV® Preeminent Peer Review Rated by Martindale Hubbell, earning the highest rating available for legal ability and ethics by both attorney peers and clients for his practices in both Philadelphia and Wilmington since 2003.

No. 8 on List for New Assignments Largest Bankruptcy Cases, The Deal Magazine (2009)

Approved Real Estate Instructor, Delaware Real Estate Commission since 2009.
publications Lecturer, “An Introduction to Adversary Proceedings” to be presented July 11, 2013 at the City Of Philadelphia Annual CLE program

Lecturer and Author, “Commercial Chapter 7 Issues – Operating Chapter 7 Cases” to be presented at the American Bankruptcy Institute, Mid-Atlantic Conference, August 2013

“Basic Bankruptcy for Transportation Lawyers,” presented at the Transportation Lawyers Annual Conference, May 2013

Lecturer, “What does a Chapter 7 Trustee do?” presented at the Eastern District of Pennsylvania Bankruptcy Law Clerk luncheon, May 2013

Lecturer and Author, “Do Your Transportation Contracts Evidence a Trust? -- Bankruptcy Issues for Transportation Lawyers” presented at the Transportation Lawyers Conference, May, 2011

Lecturer and Author, 5th, 6th and 7th Annual Landlord-Tenant Law presentations on “Landlord-Tenant Mediation / Dispute Resolution” and “Ethical Considerations”, Wilmington, DE, 2009 – 2012

Lecturer and Author, Commercial Evictions from Start to Finish, Wilmington, DE, 2011

Author, “Experts in Bankruptcy Litigation” chapter in Litigators on Experts, published by the American Bar Association 2010

Lecturer and Author, “Maritime Issues in Bankruptcy” presented at the Tulane Admiralty Law Institute, New Orleans, March 2009

Author, “Interaction Between Admiralty and Bankruptcy Law: Effects of Globalization and Recurrent Tensions” 83 Tulane Law Review 1339 (2009)

Lecturer, “Commercial and Residential Evictions” presented in Wilmington, DE May 2009

Lecturer, “Property Issues in Business Bankruptcies” and “Electronic Filing” presented in Wilmington, DE January 2009 and March 2010, sponsored by Sterling Educational Services

Speaker, Pennsylvania Bar Institute's Annual Bankruptcy Institute CLE held in 2007 "Serial Filings, Automatic Stay, Discharge ability and Exemptions," 2009, 2010 and 2012 "Stump the Experts" panel.

Co-author, “Delaware Trade Secrets” chapter in Trade Secrets and Agreements Not To Compete: A State-by-State Compendium, published by DRI, June 2008, republished 2012.

Author, Fundamentals of Consumer Bankruptcy, Chapters 7 and 13 published by Sterling Educational Services, March 2008 and October 2009.

Author, “Transportation Creditor 10-Point Bankruptcy Checklist” published in the December 2007 issue of The Transportation Lawyer.

Lecturer, “Fundamentals of Bankruptcy Litigation,” presented at a program hosted by the Delaware Bar Association in 2005 and again in 2006.

Lecturer, “First Preferred Ship Mortgages, Maritime Liens and Yachts,” presented in connection with the National Marine Banker’s Association meeting, September 2004.

Lecturer, “An Introduction to Bankruptcy Reorganization in America,” presented at the Taiwan-American Chamber of Commerce Conference, Taipei, Taiwan, October, 2003.

Co-author, "Limit of Amount Insured" published by the ABA Tort and Insurance Practice Section in cooperation with the Maritime Law Association of the United States.

Co-author, “Enforcing Ship Mortgages in Default,” presented in connection with the National Marine Banker’s Association meeting, September 2000.

Lecturer,” An Introduction to Some of the Legal Risks of Running a Nonprofit School" presented at the CSAUS Third Annual Conference, Washington D.C., December 1999.

presentations n re Scimeca Found., Inc., 497 B.R. 753, 2013 Bankr. LEXIS 3846, 2013 WL 5230003 (Bankr. E.D. Pa. 2013)(successful motion to approve sale, approve settlement with secured creditor and to evict debtor’s principal)

Young v. New Prime, Inc. (In re Transcon. Refrigerated Lines, Inc.), 494 B.R. 816, 2013 Bankr. LEXIS 2361, 2013 WL 2480883 (Bankr. M.D. Pa. 2013) (successful motion to dismiss state court claims for lack of bankruptcy jurisdiction)

Ocean City Express Co. v. Atlas Van Lines, Inc., 2014 U.S. Dist. LEXIS 20885 (D.N.J. Feb. 19, 2014) (motion to file amended complaint denied for failure to state a claim) and 2013 U.S. Dist. LEXIS 104146 (D.N.J. July 25, 2013) (motion to dismiss for failure to stat a claim granted).

Jackson v. Egyptian Navig’n Co., 364 F.3d 113 (3d Cir. 2004) affirming 222 F. Supp. 2d 700 (E.D. PA 2002); (successful motion for summary judgment dismissing longshoreman’s claim against a shipowner)

Kirsch v. Prekookeanska Plovidba, 971 F.2d 1026 (3d Cir. 1992) (successful motion for summary judgment dismissing longshoreman’s claim against a shipowner for open and obvious condition)

Fahnsestock v. Reeder, 223 F.Supp.2d 618 (E.D.Pa.2002) (motion to dismiss for lack of admiralty subject matter jurisdiction granted in case involving a pleasure boat accident because the river was not actually navigable or susceptible to being navigated without modification from its current state)

In re Vessel Club Med, 90 F. Supp. 2d 550; (D. NJ 2000) (State proceedings stayed in admiralty when claimant waived res judicata as to limiting liability, not liability, and shipowner could litigate limitation issue in federal court; but no stipulation as to vessel’s value)

Pt. Kearton Selaras v. M/V CARTAGENA DE INDIAS, 951 F. Supp. 1196, vacated in part on grant of reconsideration 959 F. Supp. 270 (E.D. Pa. 1997) (motion for summary judgment on package limitation defense in cargo damage case)

In re J & L Structural, 313 B.R. 382 (W.D.Pa. 2004) (avoidance action issues regarding dismissal of main case and limitations)

In re Joey’s Steakhouse, LLC, 474 B.R. 167 (Bankr.E.D.Pa. June 14, 2012) (Trustee granted leave to amend complaint in adversary action)

In re Jamuna Real Estate, LLC, 445 B.R. 490 (Bankr.E.D.Pa. 2010) (dismissing Mrs. Bagga from the RICO counts); 392 B.R. 149 (Bankr.E.D.Pa. 2008) (under Lafferty and CitX, a trustee “could not recover damages [pursuant to a RICO claim] for an increased level of insolvency”)

In re AxisTel Communications, Inc., 312 B.R. 258, 59 Fed.R.Serv.3d 157, 59 Fed.R.Serv.3d 337, 43 Bankr.Ct.Dec. 106 (Bankr.D.Del. 2004) (successful motion to amend avoidance action complaint)

In re Eagle Enterprises, Inc., and Liberty Recovery Systems, Inc., 265 B.R. 671(E.D. Pa. 2001)(affirmed denial of motion for relief from the automatic stay on theory of proposed alter ego, joint venture, and agency claims but proposed tortious interference claim was not subject to stay)

Reardon v. Hahn Yelena Corp., 265 B.R. 533; (E.D. Pa. Bktcy 2001) (since the debtor lacked standing to remove the pre-petition personal injury action to the bankruptcy court, the bankruptcy court properly remanded the action to the state court)

In re Eagle Geophysical, Inc., 256 B.R. 852; 37 Bankr. Ct. Dec. 33; 2001 AMC 1808 (DE Bktcy 2001) (while creditor had a claim against the debtor for ship conversion services, it had no lien under the Federal Maritime Lien Act on debtor’s vessel, creditor held only an unsecured claim in bankruptcy)

Johnson v. Chester Hous. Auth. (In re Johnson), 250 B.R. 521; 2000 Bankr. LEXIS 797 (E.D. Pa. Bktcy 2000) (Trustee’s motion to vacate the discharge in a Chapter 7 bankruptcy action was denied because unsophisticated debtor attempted to comply truthfully with the requirements of the Bankruptcy Code)

Ilva U.S.A. Inc. v. M/V BOTIC, 1992 AMC 2805 (E.D. Pa. 1992), 1992 U.S.Dist.LEXIS 16663, 1993 AMC 240 (E.D. Pa. 1992), 1993 AMC 2445 (3d Cir. 1993) (various service and liability issues regarding cargo claim)

St. Paul Fire & Marine Ins. Co. v. Thypin Steel Co., 1999 AMC 2752, (S.D. NY 1999) (Motion to strike package limitation defense granted because carriers did not explicitly mention COGSA, or that statute's liability limitation in their bills of lading)

Taylor v. 42 Foot Egg Harbor Hull, 1995 AMC 582 (D. NJ 1994) (salvage and custodia legis hearings, priorities dispute over yacht and arrest)

In re Tug MOHAWK, 1995 AMC 1312 (D. Md. 1995) (limitation of liability and adequacy of stipulation to lift federal court stay)

Key Bank of Maine v. Dunbar, 28 U.C.C.R. Serv. 2d (Callaghan) 398 (E.D. Pa. 1995) (successful defense of lender liability claims)

In re Munyan, 143 F.R.D. 560, 1992 AMC 1635 (D.N.J. 1991) (successful motion in limine to admit Coast Guard and Marine Police reports)

In Re: Uiterwyk Corporation, 109 B.R. 478; (MD FL Bktcy 1990) (motion for a charging lien claim and recovery of prepetition legal services rendered to the debtor in connection with prosecution of the debtor’s claim against the Government of Iran in the Iran-United States Claims Tribunal)