Frederick E. Schmidt, Jr.

Member

Erik has practiced bankruptcy law for more than 25 years, and represents debtors, creditors, creditors' committees, and other parties-in-interest in sophisticated Chapter 11 cases and in non-judicial corporate reorganizations and restructurings.

Erik has represented Chapter 11 debtors in numerous Chapter 11 cases, including TradeGlobal, LLC and Jagged Peak, Inc. (affiliated logistics and related technology companies), Unilife Corporation (a medical device manufacturer), Vivaro Corporation (the largest producer of prepaid calling cards), Horsehead Industries, Inc. (the largest North American producer of zinc), Ultra Stores, Inc. (a national retail jewelry chain), The Glazier Group, Inc. (managers of a chain of high-end steak restaurants in New York, New Jersey, Florida, Texas and Puerto Rico), Precision Tool, Die and Machine Co., Inc. (a Louisville, Kentucky-based tool and die manufacturer), Fred Leighton Holding, Inc. (high-end “Jeweler to the Stars”), The Athlete’s Foot Stores, LLC (national retail footwear stores), Vicksburg Chemical Company, Inc. (a Mississippi-based chemical manufacturing company), Resource Recovery, LLC (aluminum recycling), Cedar Chemical Corp. (a Tennessee-based chemical manufacturing company), and 1633 Broadway Mars Restaurant Corp. (a theme restaurant with operations in New York City and Chicago).

Erik has also advised creditors’ committees, creditors, trustees, secured lenders, landlords, purchasers and other parties in interest in various large Chapter 11 cases across the United States, including Neiman Marcus Group Ltd LLC, Sears Hokldings Corporation, Avianca Holdings S.A., Warrior Custom Golf, Inc., Toisa Limited, General Growth Properties, Inc., FX Luxury Las Vegas I LLC, Bernard L. Madoff Investment Securities LLC, American Laser Skincare, Filene’s Basement LLC, Nutrition 21, Inc., Kmart Corporation, Refco Inc., UAL Corporation, Dana Corporation, GC Companies, Inc. (General Cinemas), TW, Inc. (The Wiz), Fleming Companies, Inc., Footstar, Inc., Winstar Communications, Inc., Montgomery Ward, LLC, M. Fabrikant & Sons, Inc., L.I.D., Ltd., TransCare Corporation and Ames Department Stores, Inc. In addition, Erik was a member (on behalf of clients) of the unsecured creditors’ committees in the Chapter 11 cases of MPC Corporation and Getty Petroleum Marketing, Inc. and sat on the Trust Oversight Committees in both of those cases following confirmation of their plans.

A registered mediator with the U.S. Bankruptcy Court for the Southern District of New York, Erik has briefed and argued several cases before the U.S. Court of Appeals for the 2nd Circuit.

 

Experience

News

Anti-Forum Shopping Bill Reintroduced: A Q&A with Cozen O’Connor's Thomas J. Francella, Jr., Marla S. Benedek, and Frederick E. Schmidt, Jr. [Law.com]

November 15, 2021

Thomas J. Francella, Jr., Marla S. Benedek, and Frederick E. Schmidt, Jr. discuss the Bankruptcy Venue Reform Act of 2021, also known as the 2021 Act, in a Q&A in the Texas Lawyer. Senator Elizabeth Warren and Senator John Cornyn reintroduced the Act in September 202l as an effort to restrict where a non-individual debtor is allowed to file for bankruptcy.

17 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

September 27, 2019

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.

Cozen O’Connor Appointed to Oversee Creditors’ Committee for Warrior Golf Reorganization

April 03, 2019

Warrior filed voluntary petitions for Chapter 11 relief in the U.S. Bankruptcy Court for the Southern District of Texas Laredo Division to facilitate its reorganization. During this time, its custom golf business and nationwide portfolio of public courses remain open for business.

Cozen O’Connor Oversees Bankruptcy Acquisition of New York-based Luxury Coffee Chain FIKA

January 22, 2019

Attorney Frederick E. Schmidt, Jr. Guides Senior Secured Lender Through a Complex Chapter 11 Section 363 Sale

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

September 21, 2018

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."

12 Cozen O’Connor Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars

October 19, 2017

Super Lawyers has named 12 attorneys at Cozen O’Connor to its 2017 lists of top practitioners in the New York metro area. Six were recognized as Super Lawyers and six were named “Rising Stars,” a list that recognizes attorneys under the age of 40.

19 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 05, 2016

The 2016 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

21 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 05, 2015

The 2015 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Publications

Don’t Give Up Your Leverage — The Interplay Between Vessel Arrest and the Automatic Stay [Alert]

April 28, 2021

Geoffrey Ferrer, Christopher Raleigh, Neil Quartaro, Eric Scherling, and Erik Schmidt discuss a recent victory for a client in connection with a debtor that was in severe financial distress.

Education

  • Brooklyn Law School, J.D., 1994
  • University of Connecticut, B.S., 1990

Awards & Honors

New York Metro Super Lawyer, 2013-2019

  • Connecticut
  • New York
  • Texas