David H. Relkin

David H. Relkin

Strategic Solutions to Legal Problems
  • Arbitration & Mediation, Bankruptcy, 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, M.A. Ancient Greek Philosophy, 1982.
New School for Social Research, New York, M.A. Modern European Philosophy, 1983.
Writer and Lecturer on 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 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
My argument to extend the reach of fraudulent conveyances to the date of commencement of Arbitration, accepted by the United States District
Court for the Southern District of New York, and repeatedly cited as controlling law.

I Specialize in Debtor and Creditor issues, Commercial Arbitration and Litigation, Judgment Collections, Bankruptcy Reclamations and Preferences, International Legal Issues, Office in Paris with strong associations with 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, Consumer Arbitration, Family Arbitration
    Bankruptcy
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Collections
    International Law
    Human Rights, Imports & Exports
Additional Practice Area
  • Perishable Agricultural Commodities Act
Video Conferencing
  • Skype
  • Zoom
  • WhatsApp
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"
Northwestern University Logo
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
25 Questions Answered
Q. Hello, If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?
A: Good question. The first part of the answer involves the simple availability of the name; but, given its largely unique name, you will probably have no problems registering it. Second, what is the consequence of you changing your business from (perhaps) a sole proprietorship or (perhaps) another entity that used the dba? You are generally allowed under law to assign almost any contract to another entity (e.g., your new LLC) pursuant to which the sole proprietorship may now enjoy the benefits of that contract. In other words, you may probably assign all of these kinds of rights under existing contracts to the new entity--often by simple notice to the other party to pay the LLC. (That should also involve someone reviewing your existing contracts to ensure that certain necessary notices, and other legal requirements, etc., are given and satisfied.) However, there are certain contracts according to which you are required (that is, for instance, the sole proprietorship) to give notice of an assignment and get consent from the other party, e.g., contracts that have personal obligations as a sole proprietor. These kinds of contracts generally require actual consent by the other contracting party as opposed to mere notice, as may be required under those contracts (described above) that obligate others to merely pay you. There are some important tax considerations regarding these assignments. For instance, your assignment from a sole proprietorship to an LLC may constitute an investment of capital or may be held on the books as a loan.
Q. Is it Legal for companies to buy a loan from another company and then change the terms and charge you more money?
A: The first rule when it comes to lending is that the terms of your loan cannot be modified unless the original agreement allows for it. (In many cases, lenders' agreements allow for the assignment of a loan.) Thus, unless you were to ratify the "new terms" (by having executed some type of agreement with the "new" lender), the original terms will apply. One area in which it is common that the terms may (seem to) change is in the "rate of interest" after the assignment, but that is only legal if the original bank's loan had a "floating" interest rate, and the new bank recalculated the new rate -- but only on the terms allowable under the original loan agreement.
Q. Is there a statute of limitations for Arbitrations in California
A: The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may apply the Federal Arbitration Act (9 USC 1-10) and rule on that issue. You also need to be aware of the three-year statute for copyright, it could hamstring you even if the Arbitrator allowed the claim after that date.
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Contact & Map
Former Offices: The Relkin Law Firm
575 Eighth Avenue
Suite 1206
New York, NY 10018
Telephone: (212) 244-8722
Fax: (212) 244-8722
Monday: 8 AM - 7:30 PM
Tuesday: 8 AM - 6 PM
Wednesday: 9:30 AM - 9:30 PM
Thursday: 10:30 AM - 9:30 PM (Today)
Friday: 10:30 AM - 9:30 PM
Saturday: Closed
Sunday: 12 PM - 6 PM
Notice: Flexible scheduling.
The Relkin Law Firm
Office
15 Stewart Place--12 D
White Plains, NY 10603
Telephone: (212) 244-8722
Monday: 8:30 AM - 8 PM
Tuesday: 8:30 AM - 8 PM
Wednesday: 8:30 AM - 8 PM
Thursday: 8:30 AM - 8 PM (Today)
Friday: 8:30 AM - 6 PM
Saturday: Closed
Sunday: 9:30 AM - 6 PM
Notice: Meetings by appointment are flexible.
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