Bankruptcy and Creditors’ Rights; Commercial Litigation and Collections
The majority of David MacKnight’s practice has been concentrated in insolvency related work for consumer and business debtors in both liquidation and reorganization. He represents creditors, both secured and unsecured, in consumer and business cases. David provides all bankruptcy related services to four credit unions with assets ranging from $50 million to one billion dollars.
David has briefed and argued numerous appeals, principally bankruptcy related, in both the District Court and the Court of Appeals.
David’s services include litigation, consulting support and analysis for other attorneys, using techniques from auditing, management, financial analysis, budgeting, criminal investigations, structural/process analysis and analytic logic. He consults with other attorneys on bankruptcy related matters. He frequently has been retained by trustees for avoidance proceedings.
An important aspect of David’s legal service to clients is advice on how to prevent or mitigate insolvency problems, for example, through lease, loan and security agreements, sales and service contracts, and structuring client procedures and processes to include effective management, planning and credit review.
He has represented or advised clients in the following areas:
- All phases of reorganization and workout matters for creditors and debtors
- Identifying and mitigating insolvency problems for creditors and debtors
- Prosecution and defense of avoidance proceedings, including preference, fraudulent transfer, subordination and state law avoidance proceedings, for example, Business Corporation Law claims
- Discharge proceedings
- Exemptions related issues
- Lien perfection issues
- Preparing complaints, engaging in discovery, preparation of affidavits and memoranda, drafting appeals for collection and foreclosure matters
- Advising credit unions on regulatory compliance
Miscellaneous Litigation Services
- Advising and assisting other attorneys on discovery, especially in respect to business systems, documentation and practices. Advising and assisting in tracing transactions through a business hierarchy, identifying persons likely to have information concerning a transaction or event as well as steps in transactions, the records generated and those participating.
Professional and Community Affiliations
Monroe County Bar Association
New York State Bar Association
Chairman of the Bankruptcy Court Committee from 1999 to 2001
Lecturer on insolvency related issues at continuing legal education programs, sponsored by state or county bar associations
David served in the United States Air Force from 1971 through 1976 as a special investigations officer and a legal officer, including 30 weeks of full-time education in management, leadership and administration/discretionary law/proceedings.
- University of Chicago, Phi Delta Phi (J.D., 1971)
- Ohio Wesleyan University (B.A., cum laude, 1968)
- Post Law School Education – 15 courses in accounting and economics
- New York State Bar
- Illinois, admitted 1971, presently in retired status
- U.S. District Court and Bankruptcy Courts Western District of New York
- U.S. District Court and Bankruptcy Courts Northern District of New York
- United States Court of Appeals, 2nd Circuit
- United States Court of Appeals for the Armed Forces
David resides in Rochester, New York, with his wife.
Special Agent – Air Force Officer of Special Investigations 1971-1972 Legal Officer – 1972-1976 Thirty weeks of education and training in criminal investigations, military justice, government contracting and leadership and management.