Alicia Bendana

Practice Areas

Alicia M. Bendana practices business bankruptcy law and commercial litigation with an emphasis on prosecuting and defending complex and multi-layered litigation claims on behalf of trustees, debtors, creditors, creditors’ committees, and other interested parties in Chapter 7 and 11 bankruptcy proceedings.

Alicia represents clients as lead or co-lead counsel in the prosecution of officer and director liability litigation, legal and accounting malpractice liability litigation, fraud and RICO litigation, fraudulent transfer/preference avoidance litigation, contract disputes, insurance disputes, the partitioning of marital property in bankruptcy court, the excepting of debts from discharge, the opposing of plans of reorganization and the proposing of competing plans, and the purchase of assets from bankruptcy estates.

Alicia is board certified in business bankruptcy law by both the American Board of Certification and by the Louisiana Board of Legal Specialization. She is also a Certified Fraud Examiner.

Alicia has authored numerous articles for professional publications, is a frequent lecturer at professional programs, and is currently an Adjunct Associate Professor of Trial Advocacy at Tulane University School of Law.

Alicia is board certified in business bankruptcy law by both the American Board of Certification and by the Louisiana Board of Legal Specialization. She is also a Certified Fraud Examiner.

Career

Alicia is admitted to practice in the United States Supreme Court, Louisiana State and Federal Courts and Texas State and Federal Courts. The following representative matters showcase Alicia's career:

- Represented Chapter 7 Trustee of telecommunications service provider in commercial fraud litigation against one of the 50 largest corporations in the United States

- Represented Chapter 7 Trustee of online wholesale distributor of food service equipment in breach of fiduciary duty litigation against the Debtor’s former managers prior to filing suit

- Represented Litigation Trustee of oil and gas production company in breach of fiduciary duty litigation against the debtor’s former CEO

- Represented Litigation Trustee and Reorganized Debtors in action against former manager of renowned New Orleans nightclub for, inter alia, fraud and breaches of fiduciary duty

- Represented undocumented construction workers in fraud and racketeering litigation against a Fortune 500 company affiliate

- Represented ship and tanker companies as successful “stalking horse” bidders in contested § 363 sale of a tanker in Chapter 11 proceedings

- Represented creditors' committee, and upon conversion, Chapter 7 Trustee of restaurant chain, in breach of fiduciary litigation against Debtor’s former managers

- Represented former shareholders and obtained an extraordinary recovery (400% of actual damages) against managing shareholder, office manager, and independent external accountant relative to breach of fiduciary duty, accounting malpractice, fraud, conspiracy, and racketeering claims

- Represented ex-spouse of Debtor in action against Debtor for breaches of fiduciary duty, fraud, and the partitioning of community property pursuant to Louisiana law

- Represented two classes of former employees of two bankrupt casinos in separate bankruptcy proceedings in contested litigation involving WARN Act violation claims

- Represented Chapter 7 Trustee of holding company in action against a third party company and its principal for fraudulent conveyances

- Represented Debtor-in-Possession in successful Chapter 11 liquidation of nursing home and obtained order designating tax payments to trust fund liability

- Represented well known New Orleans restaurant in opposing, and ultimately negotiating a settlement that terminated involuntary bankruptcy proceeding

In a case of first impression, obtained judgment in the Fifth Circuit Court of Appeals establishing Chapter 7 Trustees’ statutory fees as presumptively reasonable

Professional Memberships

- American Bankruptcy Institute - Asset Sales Committee (Co-Chair, 2019–present), Bankruptcy Litigation Committee, Commercial Fraud Committee

- International Women’s Insolvency & Restructuring Confederation (IWIRC) - Director at Large (2019-2021; 2013–2015), Founding Co-Chair of the Louisiana Network (2011–2015

- Louisiana Board of Legal Specialization - Bankruptcy Law Advisory Commission (President, 2020–2021)

- Louisiana Bar Association - House of Delegates (2017–2021), Committee on the Profession (Co-Chair, 2018–2019), Bankruptcy Section

- New Orleans Bar Association - Bankruptcy Committee (Chair, 2018–2019), Business Litigation Committee (Chair, 2015–2017), Women in the Profession Committee (Chair, 2014–2016),

- American Bar Association - Fraud Litigation Subcommittee (Co-Chair, 2016–2018), Fiduciary Duty Litigation Subcommittee (Co-Chair, 2016–2017)

Education

Work Highlights

- Represented Chapter 7 Trustee of telecommunications service provider in commercial fraud litigation against one of the 50 largest corporations in the United States

-Represented Chapter 7 Trustee of online wholesale distributor of food service equipment in breach of fiduciary duty litigation against the Debtor’s former managers prior to filing suit

- Represented Litigation Trustee of oil and gas production company in breach of fiduciary duty litigation against the debtor’s former CEO

- Represented Litigation Trustee and Reorganized Debtors in action against former manager of renowned New Orleans nightclub for, inter alia, fraud and breaches of fiduciary duty

- Represented undocumented construction workers in fraud and racketeering litigation against a Fortune 500 company affiliate

- Represented ship and tanker companies as successful “stalking horse” bidders in contested § 363 sale of a tanker in Chapter 11 proceedings

- Represented creditors' committee, and upon conversion, Chapter 7 Trustee of restaurant chain, in breach of fiduciary litigation against Debtor’s former managers

- Represented former shareholders and obtained an extraordinary recovery (400% of actual damages) against managing shareholder, office manager, and independent external accountant relative to breach of fiduciary duty, accounting malpractice, fraud, conspiracy, and racketeering claims

- Represented ex-spouse of Debtor in action against Debtor for breaches of fiduciary duty, fraud, and the partitioning of community property pursuant to Louisiana law

- Represented two classes of former employees of two bankrupt casinos in separate bankruptcy proceedings in contested litigation involving WARN Act violation claims

- Represented Chapter 7 Trustee of holding company in action against a third party company and its principal for fraudulent conveyances

- Represented Debtor-in-Possession in successful Chapter 11 liquidation of nursing home and obtained order designating tax payments to trust fund liability

- Represented well known New Orleans restaurant in opposing, and ultimately negotiating a settlement that terminated involuntary bankruptcy proceeding

- In a case of first impression, obtained judgment in the Fifth Circuit Court of Appeals establishing Chapter 7 Trustees’ statutory fees as presumptively reasonable

Awards