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Marc D. Miceli, Esq., SM LAW PC

Photo of Marc D. Miceli, Esq., SM LAW PC
SM LAW PC Work Post Office Box 530 Oldwick, New Jersey 08858 United States Work Phone: 908-572-7275 Home Fax: 908-572-7271 Cell Phone: 973-945-6183 Website: SM LAW PC
Biography

Marc Miceli’s practice focuses on all areas of insolvency law, with a special emphasis on state court general assignments for the benefit of creditors’ proceedings, federal bankruptcy proceedings, corporate liquidations, asset recovery and creditors’ rights.

As part of his practice, Marc routinely represents court-appointed fiduciaries such as assignees, receivers and chapter 7 bankruptcy trustees in state and federal court proceedings where he serves as counsel in complex litigation involving contract disputes, debt collection, fraud, and preference and fraudulent transfer litigation. Marc has significant experience in a variety of business liquidations and experience in winding down companies in numerous and varied industries such as health care facilities, law firms, construction companies and auto dealerships. In addition to his trustee and fiduciary practice, Marc has been appointed to serve as Assignee in several cases and is a Certified Part 36 Receiver by the New York State Supreme Court since 2018.

Prior to SM Law PC, Marc was an associate in a prominent New Jersey law firm where he concentrated his practice in bankruptcy law and tax matters for approximately 10 years before moving his practice to a premier bankruptcy boutique law firm in northern New Jersey. In addition to SM Law PC, Marc also maintains his own private practice in New Jersey.

Selected Memberships & Affiliations

  • Essex County Bar Association – Trustee, Board of Trustees (2018 to present)
  • New Jersey State Bar Association – Member, Equity Jurisprudence Committee (2018 to present)
  • American Bar Association – Member, Business Law & Litigation Law Sections (2018 to present)
  • Turnaround Management Association
  • National Association of Federal Equity Receivers
  • Association of the Federal Bar of New Jersey

Education

  • LL.M. (Taxation), Boston University School of Law
  • J.D., Case Western Reserve University School of Law
  • B.A., B.M. and M.M., University of Illinois at Urbana-Champaign

 

Bar Admissions

  • New Jersey
  • New York
  • Massachusetts
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern and Eastern Districts of New York
  • U.S. Tax Court
  • U.S. Supreme Court

Achievements

  • AV® Preeminent™ Rated by Martindale-Hubbell®
  • Recognized in New Jersey Monthly’s “Super Lawyers – Rising Stars” (2008-2010)
  • Listed in “Bergen’s Top Lawyers” in 201 Magazine (2014)

Publications and Speaking Engagements

Co-author, “Down the Pipe: No Easy Out for Cannabis-Based Businesses in Distress,” New Jersey Lawyer (a publication of the New Jersey State Bar Association) (October 2018).


Co-author, “Let’s Make a Deal: Purchasing Remnant Assets in Federal Receivership Proceedings,” The Receiver, (Official Publication of the National Association of Federal Equity Receivers), Issue 5 (October 2017).


Co-author, “Receiverships: Types, Powers, Benefits and Drawbacks,” AIRA Journal, Volume 31 No. 2 (2017).


Co-author, “Assignments for the Benefit of Creditors Checklist,” Practical Law, Thompson Reuters (August 2017).


Co-author, “Assignments for the Benefit of Creditors: Overview,” Practical Law, Thompson Reuters (April 2017).


Co-author, coordinator and introductory remarks, “The ABCs of ABCs,” sponsored by the Passaic County Bar Association. Passaic County Administration Building, June 5, 2013.


Co-author, coordinator and introductory remarks, “Alternatives to Bankruptcy,” joint presentation sponsored by the Women’s Divisions of the NJTMA, New York Institute of Credit, the New Jersey Network of IWIRC and the Essex County Bar Association – Debtor/Creditor Section. The Newark Club, March 13, 2013.


Author, “The Third Circuit Has Spoken: New Jersey Sales Taxes are Nondischargeable ‘Trust Fund’ Taxes Under the Bankruptcy Code,” ABI Committee News, Bankruptcy Taxation Committee Newsletter, Volume 9, Number 4 (December 2012).


Contributing author, West’s Bankruptcy Exemption Manual, Thompson West Pub. Co., West’s Bankruptcy Series, New Jersey Section, 2007-2010 editions.


Co-author, “Individual Chapter 11 and Small Business Filings,” New Jersey Bar Association Bankruptcy Law Section’s Twelfth Annual Honorable William H. Gindin Bankruptcy Bench-Bar Conference, April 16, 2010.


Panelist, “Municipal Tax Liens on Residential Real Estate,” New Jersey Bar Association Bankruptcy Law Section’s Ninth Annual Honorable William H. Gindin Bankruptcy Bench-Bar Conference, April 13, 2007.


Author, “Shareholder Beware: Don’t Let the Bankruptcy Estate Pay the IRS Without a Fight,” ABI Committee News, Bankruptcy Taxation Committee Newsletter, Volume 4, Number 2 (May 2007).

Reported Decisions

  • Prof’l Sport Serv. Fi Oy v. Puck Agency LLC, 2019 U.S. Dist. LEXIS 196192 * (S.D.N.Y. 2019)
  • One Step Up, Ltd. v. Sam Logistic, Inc., 419 N.J. Super. 500 (App. Div. 2011)
  • In re Kara Homes Inc., et al. v. National City Bank, et al., 363 B.R. 399 (Bkrtcy.D.N.J., 2007)
  • In re High Voltage Engineering, et al., 403 B.R. 163 (Bkrtcy.D.Mass., 2009)
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Post Office Box 530 Oldwick, New Jersey 08858 United States