Barclay Damon
Barclay Damon

Beth Ann 
     Bivona

Beth Ann Bivona

Partner

p: 716.858.3849

f: 716.768.2849

icon_email bbivona@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

With over 20 years of legal experience, Beth primarily concentrates her practice on commercial disputes and insolvency matters involving corporations and other professional clients. She handles complex commercial and federal litigation as well as debtor and creditor counseling and financial workouts, and represents individuals and businesses in reorganization and liquidation cases. Beth also litigates dischargeability-of-debt and denial-of-discharge actions as well as adversary proceedings, and serves as counsel to trustees and creditors’ committees. She asserts and protects the rights of secured and unsecured creditors, and advises them on working with distressed vendors or suppliers.

Beth routinely handles first-day hearings and contested motions in bankruptcy court, and has successfully presented cases for confirmation. She prosecutes and defends Chapter 5 causes of action, including preference and fraudulent-transfer actions, and Rule 2004 examinations. She also has extensive experience negotiating cash-collateral motions and various workouts in and outside bankruptcy.

An experienced equestrian rider, Beth brings her passion to representing barn owners, horse owners, trainers, riders, lessors, and lessees in equine matters such as agreements to buy, sell, or lease horses or riding facilities, insurance coverage issues, boarding contracts, landlord and tenant matters, property damage or injuries, employment contracts, and professional-liability issues. She also addresses corporate questions involving partnerships, incorporations, show management, and the sport’s various governing bodies.

Representative Experience

  • Handles workouts, restructurings, and arrangements both outside of and before US Bankruptcy Courts, including cases, adversary proceedings, and contested matters.
  • Served as lead attorney representing a Chapter 7 trustee in obtaining sanctions against a business debtor and denying his discharge.
  • Served as counsel to creditors in a contested individual business Chapter 7 with accompanying business cases in Chapters 7 and 11. Denied the debtor’s individual discharge and negotiated the subordination of the other creditors’ claims.
  • Served as co-counsel to a transport company (filed along with 5 affiliates) in the $4.8 billion pre-negotiated Chapter 11 reorganization of the international conglomerate providing student transportation, inter-city and municipal busing, and ambulance and emergency department management services.
  • Served as co-counsel to a larger hauling company (filed along with 13 of its 15 direct and indirect subsidiaries) where its constituents held claims of approximately $2.5 billion.
  • Served as counsel to an oil-and-gas exploration and production business that owned and controlled approximately 130,000 acres of land in Central and Western New York.
  • Prosecutes and defends complex litigation concerning fraudulent conveyances and preferential transfers.
  • Successfully defended creditors in large preferential transfers, including cases in excess of $1 million.
  • Represents debtors in large Chapter 11 Section 363 asset sales.
  • Obtained confirmation of Chapter 11 debtors’ plans of reorganization.
  • Commenced involuntary petitions against individuals and corporations.

Practice Areas

Education

  • Michigan State University, J.D., cum laude, 1997
  • State University of New York at Buffalo, B.S., cum laude, 1993

Admitted To Practice

  • New York
  • Connecticut
  • Michigan
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Supreme Court
  • U.S. District Court, Northern, Southern and Western Districts of New York
  • U.S. Bankruptcy Courts for the Western, Northern, Southern, and Eastern Districts of New York
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. Supreme Court

Memberships & Affiliations

  • Bar Association of Erie County, Commercial and Bankruptcy Committee
  • Central New York Bankruptcy Bar Association
  • New York State Bar Association
  • Women’s Bar Association of Western New York
  • Barclay Damon Women’s Forum
  • American Bankruptcy Institute
  • Delta Sigma Pi, Golden Council Member
  • Upstate New York Turnaround Management Association

Civic Activities

  • Girl Scouts of Western New York, Troop Leader
  • Upstate New York Turnaround Management Association, Board Member
  • Bryant & Stratton College, Former Business Law Adjunct
  • D’Youville College, Former Business Law Adjunct

Speaking & Publications

  • New York State Bar Association, “Bankruptcy Preferences/Fraudulent Transfers”
  • Lorman Education Services, Bankruptcy Lecturer
  • University of Kentucky Annual Conference on Equine Law, “Cause of Actions in Horse-Sale Disputes From a Plaintiff’s Perspective”
  • Cornell Cooperative Extension, “Legal and Insurance Issues in the Equine Industry” and “Horse Farm Legal Concerns”
  • Bar Association of Erie County, Western New York Bankruptcy Conference, Former Organizer and Speaker
  • New York State Bar Association Collections and the Enforcement of Money Judgments, “Effects of the Bankruptcy Act”

Honors

  • Buffalo Business First, Legal Elite of Western New York, 2013 and 2016-2017
  • Girl Scouts of Western New York, Women of Distinction, 2016
  • Selected to Super Lawyers Upstate New York: Bankruptcy, 2013-2015
  • Buffalo Business First, 40 Under 40, 2007
  • The Daily Record, Western New York’s Up-and-Coming Attorney, 2007

Prior Experience

  • Damon Morey LLP, Partner
  • US Federal District Court, Judicial Internship Clerk