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Guy B. Moss

Guy B. Moss
Partner / Banking & Finance; Bankruptcy
Boston Office
617-880-3466
617-692-3466 fax
gmoss@riemerlaw.com

Guy is an elected Fellow of the American College of Bankruptcy and concentrates his practice in bankruptcy and commercial law. He has represented all potential parties in insolvency/bankruptcy situations, including, among others, debtors, trustees, creditors’ committees, management, plan funders, acquirers of assets, indenture trustees, lessors, unsecured creditors and secured creditors, and has addressed insolvency related disputes with the Internal Revenue Service, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation, the Massachusetts Department of Revenue, and the Massachusetts Office of the Attorney General. He has appeared in proceedings in bankruptcy courts in Massachusetts, New York, Delaware, Texas, Indiana, New Hampshire, Maine, and Rhode Island, and has handled bankruptcy appellate cases in the U.S. District Court for the District of Massachusetts, the First Circuit Bankruptcy Appellate Panel, the First and Seventh Circuit Court of Appeals, and the United States Supreme Court.

Guy has a long record of service to the bar and community. He had been editor of the Boston Bar Association Bankruptcy Section Newsletter from 2000-2008, had served as a member of the Clients’ Security Board of the Supreme Judicial Court from 2002-2007, has frequently been a judge at moot court and similar competitions at Harvard, Boston College, and Suffolk Law Schools, and has been a member of the board of directors of The Rebecca Pomroy Foundation since 2000.

Representative Transactions

  • Won an 8-1 decision before the U.S. Supreme Court involving a Chapter 11 debtor’s right to direct the allocation of tax payments as part of a confirmed plan of reorganization (United States v. Energy Resources Co., Inc.)
  • Represented a secured creditor in an $11 million lease-intended-as-security dispute in the New York bankruptcy proceedings of Bradlees Stores, Inc.
  • Represented a Chapter 11 debtor in Delaware in a pre-negotiated reorganization involving approximately $70 million of debt
  • Represented a creditor secured by several aircraft in the New York bankruptcy proceedings of Enron Corporation
  • Represented buyers of manufacturing facilities out of Chapter 11 proceedings in Massachusetts and New Hampshire
  • Obtained dismissal in the state court of a fraudulent transfer challenge by an assignee for the benefit of creditors
Speaking Engagements

Guy is a former lecturer at Suffolk University Law School and an active speaker on bankruptcy issues, including programs of the American Bankruptcy Institute, American Bar Association (Sections of Litigation and Business Law), Massachusetts Continuing Legal Education, Lease Accountants Conference, National Conference of Bankruptcy Judges, Commercial Law League of America, and New England Labor Counsel.

Publications

Guy is the author of numerous publications, including, "The Mortgage is Avoided, but What is it Worth if the Debtor's Home Cannot be Sold?" (co-author), Amer. Bankr. Institute J., Vol. XXXIII, No. 10 (Oct. 2014); "Realigning the Core after Stern v. Marshall: An Update on Bankruptcy Court Authority, Conundrums and Fixes," (co-author), 23rd Annual Bankruptcy Bench Meets Bar Conference materials (Boston Bar Association May 30, 2013) at 21; "Musings on Cramdown and the Indubitable Equivalent Standard," ABI 19th Annual Northeast Bankruptcy Conference Educational Materials at 273 (2012); "SARE Debtors: Solving the Impaired Voting Class Dilemma through Municipalities?" (co-author), Amer. Bankr. Institute J., Vol. XXX, No. 6 (July/August 2011); "Protecting Assets From Creditors" (contributing author), MCLE, Inc. (1999-2003); "The Risks of Purchasing and Collecting Consumer Debt," 10 Amer. Bankr. Institute L. Rev. 643 (2002); "Selected Aspects of Bankruptcy Sales: Integrity, Fairness and Due Process vs. The Almighty Dollar," 9 Bankruptcy Litigation 2 (No. 2, Fall 2002); "Enforcing Security Interests in Personal Property" (2d ed. MCLE, Inc. 2001).

Awards and Honors
  • Fellow, American College of Bankruptcy
  • Board member, Clients’ Security Board of the Supreme Judicial Court (2002-2007)
  • Phi Beta Kappa, Yale University
  • Special Achievement Award, Boston Bar Association, Bankruptcy Section (2006)
  • Guy is included in the most recent edition of “The Best Lawyers in America”
Affiliations
American College of Bankruptcy
American Bankruptcy Institute
American Bar Association
Boston Bar Association
Massachusetts Bar Association

Admissions
Commonwealth of Massachusetts
U.S. District Court, District of Massachusetts
U.S. Court of Appeals, First Circuit
U.S. Supreme Court

Education
Harvard Law School, J.D., cum laude, 1969
Yale University, B.A., magna cum laude, 1966