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David H. Relkin

David H. Relkin

Winning is about thinking three steps ahead: Litigation is like Chess
  • Arbitration & Mediation, Collections, Business Law ...
  • Connecticut, New York
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Biography

Northwestern University, B.A., Honors in Philosophy.
Attended Harvard, Columbia University, and Laval University [Montreal]
City University of the State of New York, New York, Ancient Greek Philosophy, 1982.
New School for Social Research, New York, Modern European Philosophy, 1983.
Writer and Lecturer on a Broad Range of Legal Issues: "Fraudulent Conveyances (New Broad Scope of Debtor Liability for Collections)": "The New Scope of Web-Based Jurisdiction to sue foreign and out-of-State Entities"; "Litigation Strategies to Win"; "New Concerns for Lenders in Bankruptcy Litigation"; Author of "Creative and Strategic Analysis To Win", Author: "How to Lose a Litigation"; "Is Arbitration still viable?" Author and CLE Lecturer: "RICO in Creditor Actions"; "When not to Litigate": "When Creditors should hold off Filing a Petition in Bankruptcy against your Borrower--The Risk of Bad Faith Filing. Find new articles at linkedin.com/in/davidrelkinlaw or @relkinlaw.com
In a seminal case, I successfully argued that a Creditor may extend the time to reach fraudulent conveyances to the date of commencement of an Arbitration was accepted by the United States District Court for the Southern District of New York and is now a generally accepted reach-back provision under the UFTA and the New York Debtor and Creditor Law.

I Specialize in Debtor and Creditor issues, Commercial Arbitration and Litigation, Judgment Enforcement and Collections, Bankruptcy Reclamations and Preferences, International Legal Issues and strong associations with National and International clients.

General Counsel and Executive VP of Import/Export Commodities Corporation.
New York County District Attorney's Office: Repeat Offender's Bureau, 1986.

Practice Areas
Arbitration & Mediation
Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
Collections
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Bankruptcy
Chapter 11 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
International Law
Human Rights, Imports & Exports
Additional Practice Area
  • Perishable Agricultural Commodities Act
Video Conferencing
  • Skype
  • Zoom
  • WhatsApp
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Connecticut
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New York
New York State Office of Court Administration
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2nd Circuit
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United States District Court for the District of Connecticut
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United States District Courts for the Southern and Eastern Districts of New York
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Languages
  • English
Professional Experience
Managing Member
The Relkin Law Firm
Current
Education
Harvard University
other | Ancient Philosophy and Myth--Presocratics
- present
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Benjamin N. Cardozo School of Law
J.D. (1986) | Legal Studies
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Honors: Moot Court Finalist Internship at Manhattan District Attorneys Office
Activities: Trial Preparation, Argument and Cross-Examination
Benjamin N. Cardozo School of Law Logo
Columbia University
History of Scientific Development--Epistemology
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City University of New York - Graduate School & University Center
M.A. (1985) | Ancient Greek and Platonic Dialogues
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Honors: Certificate of Merit
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New School University
M.A. (1984) | Modern Continental Philosophy
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Northwestern University
B.A. (1982) | Modern Philosophy -- Nietzsche
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Author Erich Heller
Honors: Honors in Humanities and Philosophy MA
Activities: Editor of "In the Age of Prose"
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Laval University in Montreal
B.A. | French Philosophy and Art
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Honors: Honors
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Awards
Phi Beta Kappa
Northwestern University
Professional Associations
New York State Bar  # 2137479
Member
- Current
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Association of the Bar of the City of New York
Member
- Current
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Publications
Articles & Publications
Business and Commercial Litigation--Fraudulent Conveyances
National Business Institute
Web Jurisdiction over out-of-state and foreign Entities
National Business Institute
Judgments and Executions in and out of Bankruptcy
Duane Morris
Reclamation of Goods or Their Value
Duane Morris
Guaranties--Waivers and Applications in Bankruptcy
Duane Morris Reorganization and Finance Developments
Hidden Liens--A Risk for an Uneducated Lender
Duane Morris-Developments in Bankruptcy Reorganization and Commercial Finance
Letters of Credit-The UCP Trumps the UCC
Duane Morris-Developments in Reorganization and Comm. Finance Law
Asset Securitization-Structured Finance and Bankruptcy
Duane Morris-Developments in Reorganization and Commercial Finance
Speaking Engagements
Hidden Liens--When relying on UCC filings are overturned, When a Lien is worthless, Bermuda
Association of Commercial Finance Attorneys
Hidden Liens are rare, but there is one that dates to 1970: the Perishable Agricultural Commodities Act, which trumps Security Interests.
COLLECTION LAW: FROM START TO FINISH, Certified by NYS Continuing Legal Educational Board, Four Points by Sheraton Plainview
National Business Institute
I have lectured on Private [Duane Morris and Kriendler & Relkin, P.C.] and Public Law [NY County Dist Attny--in Repeat Offenders Bureau] as well as inhouse counsel Import/Export Consortium--$100m/yr
National Business Institute, Collections: Seeking and Collection a Judgment, New York, NY
Certifications
Highest Rating
Justia
Websites & Blogs
Website
Website
Legal Answers
66 Questions Answered
Q. What happens if someone breaks a real estate contract/intent to sell contract? What are my options
A: It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will force the seller to clear the title and close. If not, some contracts allow a buyer 'specific performance", which in your case is to compel the seller to deliver a deed.
Q. Good evening, I have a business name registered as a not for profit in NYS. Can I change it to an LLC?
A: You say you registered a "name". And, in another place, you call the existing not-for-profit entity an "organization." Even if it were an LLC, you need to form a new LLC since that entity was formed and exists under a special provision of the law. If there were significant financial issues, we might be able to come up with another solution, but you should simply dissolve the present corporation and create an LLC. Dozens of reputable companies will do this for a modest price.
Q. If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?
A: First, a motion to dismiss scuttles the trial dates until it is decided. After the Court issues a Decision on the motion, there should be a Trial Conference to schedule new dates and procedures for pre-trial disclosure.

And, while the CPLR (not even the Uniform Trial Rules promulgated by the Courts) requires that motions be decided in 60 days (CPLR 2219), there is nothing in the Rules that says what happens when the Court ignores this time limit. The only thing to do is to write a letter to the Judge to "advise" him or her that the motion is outstanding and provide some factual support for prejudice to your rights. It should be respectful but firm. If another 45 days goes by without any response, I suggest that you send another letter, this one a bit more strident. Unfortunately, this situation is rampant in New York Courts right now and something needs to be done. ... Read More
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Contact & Map
Former Offices: The Relkin Law Firm
272 Plandome Road
Manhasset, NY 11030
Telephone: (516) 888-1223
Cell: (917) 686-4441
Fax: (516) 340-3242
Monday: 8 AM - 6 PM
Tuesday: 8 AM - 6 PM
Wednesday: 9:30 AM - 6:30 PM
Thursday: 10:30 AM - 9:30 PM
Friday: 10:30 AM - 3:30 PM
Saturday: Closed
Sunday: 12 PM - 6 PM (Today)
Notice: Flexible scheduling.
The Relkin Law Firm
Office
272 Plandome Road
Manhasset, NY 11320
Telephone: (516) 888-1233
Cell: (917) 686-4441
Monday: 8:30 AM - 6:30 PM
Tuesday: 8:30 AM - 6 PM
Wednesday: 8:30 AM - 6 PM
Thursday: 8:30 AM - 6:30 PM
Friday: 8:30 AM - 3 PM
Saturday: Closed
Sunday: 9:30 AM - 6 PM (Today)
Notice: Meetings by appointment are flexible.
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