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David S. Catuogno

Of Counsel
+1.973.848.4023
Fax +1.973.848.4001
David Catuogno is of counsel in the firm’s Newark office where he is a member of the restructuring and insolvency practice group. Mr. Catuogno focuses his practice on the representation of creditors, particularly institutional lenders and franchisors. In representing franchisors, Mr. Catuogno has been admitted pro hac vice in dozens of federal jurisdictions, diligently protecting the intellectual property and financial interests of his clients on a nationwide basis by collecting post-petition fees, maximizing recovery on pre-petition claims and insuring that post-petition operations comply with the franchise system standards.

Mr. Catuogno also represents several financial institutions and lenders in conjunction with challenged secured loans in Chapter 7 and Chapter 11 bankruptcy proceedings as well as in state court proceedings and pre-litigation work-outs.

Earlier in his career, he represented trustees and fiduciaries in litigation and general administrative matters in varied industries, recovering substantial sums for the fiduciary estates through continuing operations, pursuing avoidance claims, and selling tangible and intangible assets. Mr. Catuogno has continued his practice representing trustees and fiduciaries throughout his career. Mr. Catuogno is also experienced in representing debtors in proceedings under Chapter 7, Chapter 11, and Chapter 13.

In 2009-2011, the Supreme Court of the State of New Jersey appointed him to the District II A Ethics Committee, which investigates and makes recommendations concerning alleged attorney ethical grievances.

Professional Background

Prior to joining the firm, Mr. Catuogno served as an attorney for an entrepreneurial law firm.

Achievements

  • Recognized as a “New Jersey Super Lawyer,” 2010-2018
  • Named in "Top Lawyers Of Bergen County" by 201 Magazine, 2014-2018
  • AV rated by Martindale Hubbell

Professional/Civic Activities

  • Bergen County Bar Association
  • Franklin Lakes Parks & Recreation Foundation, 2009-Present
  • Franklin Lakes Recreation Commission, Member, 2003-2007; Chair, 2006
  • Franklin Lakes Republican Party, Municipal Committee, 2004-2006; 2010-Present
  • Kathleen Donovan's transition team for County Executive of Bergen County, Member, 2010
  • New Jersey Governor-Elect Chris Christie's Transition Team, Member, 2009
  • New Jersey State Bar Association
  • Passaic Valley Sewerage Commission, Commissioner, 2015-2018
Publications
  • “The Automatic Stay,” Chapter 3, The Bankruptcy Handbook for Franchisors & Franchisees, 2018
  • “Franchisee Chapter 11: A Primer for Franchisors,” LJN’s Franchising and Business Alert, Volume 14, Number 5, February 2008
  • “Bankruptcy Fraud: Civil and Criminal Consequences,” Business Crimes, Chapter 34: Matthew Bender Publications, Pub. 265, Rel 2-99, 1999
  • “Special Needs for Law Enforcement Excuse Toxicological Testing of Railroad Employees in Skinner vs NTSB,” 20 Seton Hall Law Review No. 2/3, 482, 1990