For nearly 40 years, Jeff Wurst has been a nationally recognized leader in the commercial finance community where he has represented large and small banks and commercial lenders as well as family-owned businesses providing sound advice and counselling onboth legal and business matters. He is widely recognized for his hands on representation in commercial finance and bankruptcy matters. He is afellow of the American College of Commercial Finance Lawyers and a panelist on the American Arbitration Association’s National Roster of Arbitrators.

Jeff is an outside-the-box thinker who is skilled in his handling and supervising complicated as well as routine debt finance transactions and is regularly called upon to handle loan workouts, asset-based lending, factoring, syndications, leasing and C&I, as well as bankruptcy matters, and turnaround situations stemming from transactions. He is called upon to provide advice to emerging finance companies.

He has spent a lifetime representing lenders and borrowers in both federal and state insolvency proceedings, including debtor-in-possession financing, disputed use of cash collateral, assignments for benefit of creditors and secured party sales under Article 9 of the Uniform Commercial Code.

He has the rare quality of serving as both a transactional lawyer and as a litigator.  His vast litigation experience has enabled him to structure sound solutions during difficult negotiations of loan documents as well as in workout agreements.  He has represented major US banks as well as non-bank lenders in defending lien priority and lender liability disputes as well as in the prosecution of actions against borrowers, guarantors and third parties to recover monies owed to lenders.

He serves as an advocate and as a neutral in arbitration proceedings under state and federal law, andhas long been promoting the use of arbitration in commercial finance matters. In addition, Jeff has successfully argued appeals in the Second, Third and Fourth Circuit Courts of Appeals on matters involving bankruptcy, financing and lender liability.

Jeff also serves as a receiver in state and federal proceedings where he has been successful in maximizing recoveries for the various constituents. He is listed as qualified to serve as both a receiver and counsel to receivers under the New York State fiduciary rules (Part 36 of the Rules of the Chief Judge of the State of New York).

Jeff’s blog, Wurst Case Scenario,the commercial finance law newsletter, has thousands of followers.

 

Education

  • Touro College Jacob D. Fuschberg Law Center (J.D., magna cum laude, 1987)
  • Hofstra University (M.A., 1974)
  • Hofstra University (B.S. in Education, 1971)

Professional Activities

  • Association of Commercial Finance Attorneys, Director
  • New York Institute of Credit, Past Chair
  • Turnaround Management Association Global, Past Vice President
  • American Bar Association, Business Law Section, Commercial Finance (Founding chair, Alternative Dispute Resolution, Subcommittee Chair),
  • New York State Bar Association, Dispute Resolution Section, Commercial Finance Alternate Resolution Committee Chair
  • Long Island Chapter of the Turnaround Management Association, Founding Member and Past President
  • ABF Journal, Editorial Board Member
  • Secured Finance Network, Board Member, Education Foundation

 

Admissions

  • New York
  • United States District Courts for the Southern, Eastern, Northern and
    Western Districts of New York,Northern District of Texas,
    Northern District of Illinois,Eastern District of Michigan
    Court of Appeals for the Second, Third and Fourth Circuits

Awards and Recognition

  • American College of Commercial Finance Lawyers, Fellow
  • Martindale-Hubbell, AV-rated
  • LawDragon 500 Leading Bankruptcy & Restructuring Lawyers (2022, 2024)
  • New York Metro Super Lawyers®, Banking (2014-present)
  • Pulse Magazine Top Bankruptcy Attorney (2017)
  • Long Island Business News Business & Finance Award (2015)
  • New York Institute of Credit, Hon. Burton R. Lifland Mentor of the Year Award (2015)
  • New York Institute of Credit, Leadership in Credit Education Award (2009)

Publications

  • Something Commercial Lenders Can Learn From Consumer Lenders, The Secured Lender, November 2024
  • Lights, Camera, Regulatory Action? Practical Considerations for Cannabis Lenders, The Secured Lender, November 2023
  • Examining Two Standards of the UCC for Collateral Description, United Corporate Services, Inc. Blog, December 13, 2021
  • Is Cannabis Lending in Your Future?,The Secured Lender, March 2021
  • The Nuts and Bolts of a Workout in a Pandemic Environment, ABF Journal, October 2020
  • May 18, 2020 Advisory SBRA Provisions Make Chapter 11 More Accessible to Small Businesses, Sole Proprietors
  • The San Andreas Economy: Protecting Your Business From The Inevitable Earthquake, ABF Journal, November 2019
  • For A Better Mouse Trap? Article 9 Sales Spring To Action, The Secured Lender, November 2019
  • Don’t Waive Waivers in Loan Document, ABF Journal, June 2019
  • Why Are MCAs Doing So Well in the Courts?,ABF Journal, November/December 2018
  • Understanding Borrowers’ Claims Against Lenders, ABF Journal, March 2018
  • Financing Government Receivables: State Governments Subject to Notification Like Other Account Debtors, ABF Journal, July/August 2017
  • What’s Your Interest in Interest? Lenders’ Rights to Post-Confirmation Default Rate Interest, ABF Journal, January/February 2017
  • What’s In a UCC Name Requirement? When to Use Specific and Generic Names, ABF Journal, May/June 2016
  • Post-Paying the Piper: The Collateral Effects and Unintended Consequences of Settling with the SEC, Insights: The Corporate and Securities Law Advisor, January 2016
  • Negative Effects of Hidden Lien: How to Identify, Avoid and Protect Against Pitfalls, ABF Journal, November/December 2015
  • Rights In Payment Intangibles: Collateral or Red Herring?,The Secured Lender, November 2015
  • Unintended Consequence — JPMorgan’s Costly Mistake, ABF Journal, March 2015
  • A Turnaround In The Turnaround Industry, Dow Jones Daily Bankruptcy Review, December 6, 2006

Speaking Engagements

Upcoming Presentation

Let's Get Ready to Warehouse,Association of Commercial Finance Attorneys, Inc., May 7, 2025.

Prior Presentations

  • Structuring Participation Agreements in Commercial Finance, Secured Finance Network Annual Convention, November 15, 2024
  • Arbitration for Commercial Finance Dispute Resolutions, Secured Finance Network Annual Convention, November 14, 2024
  • Structuring Participation Agreements in Commercial Finance: Lender Due Diligence, Strafford Publications Live Webinar, October 10, 2024
  • Co-Lending and Intercreditor Agreements - New Trends and Addressing the Growing Issue of Counter Party Risks,Secured Finance NetworkLive Webinar, September 27, 2023
  • Representing Co-Lenders in Syndicated Credit Facilities, Strafford Publications Live Webinar, August 3, 2023
  • Finding Your Way Through the UCC3 Financing Fog, Lorman Live Webinar, June 14, 2023
  • Are We Ready to Lend to the Cannabis Industry?,Secured Finance Network 78th Annual Convention, November 9-11, 2022
  • Everything You Never Wanted to Know About MCAs (Merchant Cash Advances)…. Until Now, Association of Commercial Finance Attorneys, Inc., October 27, 2022
  • Structuring Participation Agreements in Commercial Finance: Lender Due Diligence,  Strafford Webinar, September 8, 2022
  • UCC Secured Transactions: Documenting and Perfecting Security Interests, Navigating Competing and Hidden Liens, Strafford Live CLE Webinar, July 21, 2022
  • Representing Co-Lenders in Syndicated Credit Facilities, Strafford Webinar, April 28, 2022
  • Introducing Arbitration for Resolution of Commercial Finance Disputes, The Association of Commercial Finance Attorneys - Live CLE Webinar, December 1, 2021
  • Legal Update Session, Secured Finance Network, Independent Finance Roundtable, Chicago, Illinois, August 18, 2021
  • How We Successfully Mediated A Billion Dollar Bankruptcy Dispute, New York State Bar Association Live CLE Webinar, July 26, 2021
  • UCC3 Financing Amendment and Termination Statements: Avoiding Loss of Lien Perfection or Priority, Strafford Live Video Webinar, June 24, 2021
  • Structuring Multi-Lender Agreements in Syndicated Facilities: Balancing the Rights of Agents and Co-Lenders, Strafford Live CLE Video Webinar, June 17, 2021
  • Liens - A Dynamic Environment, Secured Finance Network 76th Annual Convention, November 17, 2020
  • Syndicated Credit Facility Restructuring and Workouts, Strafford Live Webinar, October 28, 2020
  • Structuring Participation Agreements in Commercial Finance: Lender Due Diligence, Strafford Live Webinar, October 7, 2020
  • Lien on Me! Hidden Liens and How to Deal With Them, Secured Finance Network webinar, July 22, 2020
  • Issues and Solutions for Retailers During and Post COVID-19, ABF Journal Live Webinar, July 1, 2020
  • International Arbitration and the Financial Sector, The Loan Syndications & Trading Association, May 13, 2020
  • Drafting Receivables Purchase Documents: Avoiding Contracting Pitfalls for Sellers and Purchasers Key Provisions, UCC Requirements, Bankruptcy Principles, Strafford Publications Webinar, December 18, 2019
  • Introducing Arbitration for Resolution of Commercial Finance Disputes, Secured Finance Network, December 4, 2019
  • Introducing Arbitration for Resolution of Commercial Finance Disputes, Annual Meeting of the Business Law Section, American Bar Association, September 12, 2019
  • Structuring Agent and Co-Lender Agreements in Syndicated Facilities: Balancing Differing Rights and Obligations Navigating Rights of Agents, Exculpatory Clauses, and Information Sharing in Syndicated and Club Transactions, Strafford PublicationsLive Webinar, June 11, 2019
  • Annual Legal Update for Independent Finance Companies, Annual Independent Finance and Factoring Roundtable, Secured Finance Network, May 6, 2019
  • How Real Estate Professionals Should Prepare for a Downside Economy, IREON, April 4, 2019
  • Syndicated Credit Facility Restructuring and Workouts: Lender Strategy, Decision-Making and the Role of the Agent, Strafford PublicationsLive Webinar, December 19, 2017
  • Recent Developments with Loan Syndications,Lorman Education Services Live Webinar, October 4, 2017
  • Legal Developments Affecting The Small Entrepreneurial Lenders, Commercial Finance Association Independent Finance & Factoring Roundtable, Austin, Texas, May 8, 2017
  • Global Supply Chain Finance, Supplier Credit, Business Lending in Domestic and International Operations, APICS New York City - Long Island Chapters, May 8, 2017
  • Loan Participations: Structuring Participation Agreements and Lender Due Diligence for Participation. Strategies for Lead Lenders and Participants to Minimize and Manage Risk of Participations, Strafford Publications Webinar, March 21, 2017
  • UCC Secured Transactions: Documenting and Perfecting Security Interests, Navigating Competing and Hidden Liens; and UCC3 Financing Amendment and Termination Statements: Avoiding Loss of Lien Perfection or Priority, Strafford Publications UCC Secured Transactions Full Day Live CLE Seminar, February 15, 2017
  • Finding Your Way Through the UCC3 Financing Fog,Lorman Education Services Live Webinar, January 26, 2017
  • Syndicated Credit Facility Restructuring and Workouts. Lender Strategy, Decision-Making and the Role of the Agent: Navigating Divergent Interest of Lenders, Confidentiality Among Lenders, Avoidance of Privilege Waivers and More, Strafford PublicationsLive Webinar, August 2, 2016
  • UCC Secured Transactions: Security Interests, Navigating Competing and Hidden Liens, Strafford PublicationsLive Webinar, March 2016
  • UCC3 Financing Amendment and Termination Statements: Avoiding Loss of Lien Perfection or Priority,Strafford PublicationsLive Webinar, March 2016
  • Recent Developments With Loan Syndications, Lorman Education Services Live Webinar, October 29, 2015
  • Structuring Agent and Co-Lender Agreements in Multi-Lender Deals: Balancing Differing Rights and Obligations: Navigating Rights of Agents, Exculpatory Clauses, and Information Sharing in Syndicated and Club Transaction, Strafford PublicationsLive Webinar, September 2, 2015
  • Agents and Co-Lenders in Syndicated Facilities: Understanding the Rights of Agents as to Information Sharing, Exculpatory Clauses, Defaulting Lenders, and Recognizing Regulatory and Credit Issues in the Relationship, New York Institute of Credit and the Commercial Finance Association, March 31, 2015

Bodner Law PLLC