Aryeh Ethan Falk

ARYEH is Insolvency & Restructuring counsel in the New York office of Davis Polk & Wardwell LLP. He has substantial experience representing companies, hedge funds, banks and other strategic parties in a wide range of corporate restructuring transactions, including prepackaged and traditional bankruptcies, out-of-court workouts, debtor-in-possession financings, § 363 sales, liability-management transactions and cross-border insolvency proceedings. He has handled restructurings in such industries as energy, power, automotive, telecommunications and aviation. His leadership has been showcased while guiding ad hoc noteholder groups through SVB Financial Group’s restructuring during the spring 2023 banking crisis and the second chapter 11 restructuring of Mallinckrodt, which closed in November 2023.

Aryeh co-authored an ABI Journal article, “Impact of Marshaling and Surcharge Waivers at Plan Confirmation,” which delved into the rationale of marshaling waivers and the consequences of their inclusion in DIP orders. He also co-authored “Preferred Equity in Peril?” in The Bankruptcy Strategist, wherein he discussed two recent cases that shed light on potential risks to preferred equity-holders in chapter 11. In addition, he has authored multiple client memos for his firm that span a variety of topics within restructuring, including cramdown standards impacting secured creditors and risks to senior creditors under intercreditor agreements. He also co-produced a three-part webinar series for the firm, “Issues in Midstream Restructurings,” and he has been a speaker at ABI’s Cross-Border Insolvency Program (renamed the International North American Insolvency Symposium). Professionally, his most recent leadership role was on the DIP working group associated with the Southern District of New York local rules committee, for which he helped craft a form of SDNY DIP Order and amendments to the local rules.

Aryeh started out as a chemistry major before learning that while he loved the coursework and its intellectual challenges, the chemistry lab did not suit him. He subsequently switched to economics, and immediately after college, he worked at Citi in its ABF group, which had a mandate to originate DIP loans, giving him a significant grounding in finance and deal negotiation. Afterward, he enrolled in law school and found his way to bankruptcy law. At his firm he has taken on leadership roles, serving on its associates committee, which helps craft firm policies and procedures. He also has served as co-chair of the firm’s restructuring department’s strict foreclosure initiative. In addition, he has taken on a leadership role on pro bono matters: In 2021, he was awarded the Volunteers of Legal Service – “Pro Bono Dean’s List” for his work advising a small business with respect to pandemic relief loans from the Small Business Administration. He also leads a Davis Polk team advising pro bono client Terra Firma National, which works to ensure that newly arrived immigrant children and families have access to quality health care and legal representation regardless of immigration status. Outside of the firm, he is active in his local Jewish community and currently serves on the board of trustees of his synagogue.