Eric Charlton has represented individual, professional, business and banking clients for more than 35 years in simple and complex commercial litigation, collection of debts, and bankruptcy proceedings. Eric has conducted evidentiary hearings and contested matters in bankruptcy courts, jury and non-jury trials in state and federal courts, and securities arbitration hearings.
His bankruptcy services for creditors extends to all phases of the bankruptcy process: from analysis of schedules and statements; preparation of proofs of claim; use of cash collateral; motion practice with respect to the automatic stay; the negotiation of, and litigation over the adequacy of disclosure statements and plan treatment for secured creditors; the defense of preference avoidance actions and fraudulent transfer litigation.
Eric has a varied trial background. Eric has conducted trials and taken verdicts and bench decisions in such matters as a CERCLA contribution case involving 14 participating parties, the defense of a resident alien charged with violations of the Alien Tort Statute based on actions that took place in a foreign country, the defense of several employment discrimination cases against employers, and the representation of both plaintiffs and defendants in personal injury and wrongful death cases.
In his capacity as Co-Chair of the firm’s Bankruptcy & Creditors’ Rights Practice Area, Eric oversees and coordinates the services provided by the other members of the practice area. Eric also is the firm’s Information Resources Partner responsible for oversight of resource acquisition, negotiations of contracts, and management of the budget.
- Represented biopharmaceutical company in adversary and claims objection proceedings relating to post-petition validity of, and post-rejection status of, sub-license of intellectual property in sub-licensor's chapter 11 bankruptcy case resulting in settlement and retention of sub-license rights.
- Conducted non-jury trial on behalf of professional engineering firm in dispute over services rendered resulting in favorable decision and recovery of full amount due plus attorneys fees.
- Represented plastics manufacturer in defense of preference action in bankruptcy involving complex factual and legal ordinary course of business and new value issues; favorable settlement reached on eve of trial.
- Represented real estate secured lender in farmer’s chapter 11 bankruptcy case resulting in appointment of trustee and sale of collateral.
- Represented commercial bank in contested evidentiary hearing on confirmation of proposed chapter 13 bankruptcy plan by debtors/owners of recreational rental property to force a partial surrender of real estate collateral and modification of loan terms.
- Represented major league sports team as creditor in a general assignment for the benefit of creditors including claims analysis and defense of preference claims.
- Represented accounting firm in defense of adversary proceeding in bankruptcy case seeking avoidance of alleged preferential transfers; reached favorable settlement during pleading stage.
- Represented developer/owners in successful workout of defaulted commercial loans resulting in substantial discounted payoff and retention of development property.
- Represented defense contractor as counter-party to supply agreements in federal court receivership resulting in preservation of contract rights and continuity of line of business.
- Represented insurance agent in arbitration hearing for unpaid commissions resulting in favorable decision, award, and recovery.
- Boston University School of Law, J.D., 1976
- Boston University, B.A., 1973
- New York, 1977
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of New York
- U.S. Bankruptcy Court, Northern District of New York
- U.S. Bankruptcy Court, Southern District of New York
- U.S. Bankruptcy Court, Western District of New York
- U.S. Bankruptcy Court, Eastern District of New York
- New York State Bar Association
- Central New York Bankruptcy Bar Association, President 2002
- Volunteer Judge and Evaluator of various law school Moot Court and Trial competitions
- Syracuse Reformed Presbyterian Church, Congregation Chairman
- Lectures on the enforcement of judgments, including procedures, statutory constraints, collection alternatives and bankruptcy considerations
- “Collections and the Enforcement of Money Judgments – Bankruptcy Issues,” CLE Seminary presented to New York State Bar Association, June 2009
- Named an Empire State Counsel Honoree by the New York State Bar Association for the exemplary pro bono service provision, 2018
- Selected by Peer Review for Inclusion in Super Lawyer Directory 2007-2008 and 2010-2017 for Bankruptcy & Creditor/Debtor Rights and Commercial Litigation
- Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
- Hiscock & Barclay, LLP, Partner