Devin L. Palmer

For over 15 years, Mr. Palmer has concentrated his practice at Boylan Code on bankruptcy, creditor’s rights, workouts, restructuring and commercial litigation.

dpalmer@boylancode.com

(585) 232-5300 x212

(585) 238-9012

VCARD

Practice Areas

Bankruptcy & Restructuring
Business & Finance
Litigation

Education

J.D., cum laude, 2001 State University of New York at Buffalo, School of Law (Buffalo Law Review, Articles Editor)

B.A., 1998, State University of New York at Geneseo.

Affiliations

Mr. Palmer is an active member of the Monroe County Bar Association. He was the past Chairman of the Bankruptcy Committee for the MCBA. Mr. Palmer has been a member of the Professional Performance Committee since 2012, which investigates complaints by clients against their attorneys in matters such as delay, communications and other performance issue and assists in educating attorneys regarding attorney/client relations.

Experience

Mr. Palmer has represented business debtors, unsecured creditors, financial institutions, trustees and municipalities in all aspects of Chapter 7, 13 and 11 of Bankruptcy, including stay relief proceedings, section 363 sales, reorganization and liquidation plans – both on behalf of the debtor and as a competing creditor, abuse and bad faith motions, cash collateral agreements, 523 and 727 objections to discharge, lease rejections, cram-downs and claim objections. In complicated Chapter 11 reorganizations, such as the one Mr. Palmer completed on behalf of a commercial, mechanical contractor in 2015, he has been required to negotiate with the IRS, NYS Department of Taxation, labor unions, and various secured creditors to ensure a plan confirmation and the client’s successful reorganization. Mr. Palmer has represented both trustees and defendant corporations with regard to preference and fraudulent conveyance actions. In 2014 alone, Mr. Palmer successfully settled on behalf of numerous defendants over $1.7 M in preference demands for $27K (1.6% of demand). On the other side, he successfully recovered nearly $.6M through numerous preference complaints filed on behalf of a chapter 7 trustee in a converted chapter 11 bankruptcy that was closed in 2014.

Mr. Palmer represents a variety of lenders in loan workouts, obtaining and perfecting security interest in various types of collateral, negotiating forbearance agreements and exercising all available rights under contract and state law, including asset sales under Article 9 of the Uniform Commercial Code and replevin actions. He also consults local financial institutions to ensure compliance with the Bankruptcy Code and the various State and Federal consumer protection laws.

Mr. Palmer serves as Chair of Boylan Code’s Collections Group, entering and enforcing judgments on behalf of banks, credit unions, municipalities and corporations. As a recent example, he successfully located assets of a high profile debtor downstate, and with the assistance of the New York City Sheriff, collected roughly $275K for his client in 2016. In addition, he engages in commercial litigation matters for businesses and financial institutions, including corporate divorces, breach of contract, fraudulent inducement, and judicial dissolutions.

Over the last three years, Mr. Palmer has also represented a municipality in its In Rem Tax Foreclosure Proceeding; enforcing the municipality’s tax lien through entry of a judgment of foreclosure and auction of the subject parcels. In 2016 alone that proceeding included roughly 1,400 properties.

Mr. Palmer has previously served as the Chairman of Boylan Code’s Marketing Committee and Financial Law Group.

Honors & Achievements

  • Selected to the list of Upstate New York Super Lawyers in the category of Creditor Debtor Rights 2013-2016 (1 of only 3 attorneys in Rochester area selected) and listed each year as a “Top Rated Creditor Debtor Rights Attorney in Rochester, NY.”
  • Selected as Chairman of the Monroe County Bar Association Bankruptcy Committee from 2013-2015.
  • Selected as Co-Chairman of the 11th and 12th Annual Western New York Bankruptcy Conference in 2014 and 2015.
  • Selected to write, speak or Co-Chair Annual Western New York Bankruptcy Conference for ten straight years from 2006-2016
  • Helped secure Boylan Code’s status in 2016 as a Tier 1 Best Law Firm by S. News and Best Lawyers in the separate categories of: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; and Litigation- Bankruptcy.
  • Selected as one of the 2009 “Up & Coming Attorneys” by the Daily Record of Rochester.
  • Selected in the inaugural class of Rochester’s Emerging Bar Leaders in 2008.
  • Member of the four person nominating committee for the MCBA Bankruptcy Committee Achievement Award 2016 and 2017.
  • Selected to provide and present written case law updates to the Monroe County Bar Association Bankruptcy Committee during each monthly meeting from 2008-2015.

Speaking and Writing Engagements

Mr. Palmer is a frequent lecturer and has published numerous written materials in Western New York on bankruptcy and creditor’s rights topics, including:

  • Consumer Case Update, 13th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, June 2016.
  • The Second Circuit Addresses the Horrific Ramifications of a Bank Inadvertently Filing a UCC-3 Termination Statement, The Daily Record, July 2015.
  • The Continued Evolution of Our Bankruptcy Petition and Schedules, The Daily Record, October 2015.
  • Consumer Case Update, 12th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2015.
  • Fraudulent Conveyances; Putting the Toothpaste Back in the Tube (written materials only), Monroe County Bar Association, February 2015.
  • Recent Decisions Dealing with Ethical Issues Including Compensation, Disclosure of Conflicts and Representing Multiple Parties (written materials only), 11th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2014.
  • Consumer Case Update (written materials only), 11th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2014.
  • Advances in Technology and the Evolution of Service, The Daily Record, August 2013.
  • Statutory and Ethical Considerations in Representing a Chapter 11 Debtor in Possession, Part I, Appointment and Representation, Monroe County Bar Association, September 2013.
  • Statutory and Ethical Considerations in Representing a Chapter 11 Debtor in Possession, Part II, Representation and Compensation, Monroe County Bar Association, October 2013.
  • Consumer Case Update (written materials only), 10th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, June 2013.
  • Attorney Advertising and Solicitation Under New York’s Rules of Professional Conduct, in-house CLE, April 2013,
  • Issues Faced by a Financially Distressed Medical Practice, Western New York Physician, March 2013.
  • Initial Issues Facing Creditors in a Chapter 11 Bankruptcy, Rochester Business Journal, March 2012.
  • The Rights of Landlords and Secured Creditors as to a Tenant’s Pledged Collateral, Rochester Business Journal, January 2012.
  • Consumer Case Update (written materials only), 9th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2012.
  • Advanced Bankruptcy Seminar – Exploring Claim Objections, Monroe County Bar Association, March 2012.
  • Electronic Discovery: Applicable Rules & Case Law, Digital Rochester, March 2012.
  • Consumer Case Update, 8th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2011.
  • The Impact of the Changing Bankruptcy Landscape on Workouts, 35th Annual Banking Law Seminar, Monroe County Bar Association, June 2010.
  • Consumer Case Update, 7th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2010.
  • An Overview of Bankruptcy (written materials only), The National Association of Credit Management, Upstate New York Education Seminar, April 2010.
  • Consumer Case Update, 6th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2009.
  • Second Circuit Roundup: An overview of Consumer Decisions form the Courts in the Second Circuit During the Post-BAPCPA Era (written materials only), New York State Bar Association, May 2009.
  • The Collection Process, National Business Institute, October 2008.
  • Consumer Case Update, 5th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2008.
  • 2007 Judicial Seminar: The Impact of a Bankruptcy Filing on State Court Proceedings and the Substantive Rights of Judgment Creditors in Bankruptcy (written materials only), Monroe County Bar Association, May 2007.
  • 18 Months Later- What Has BAPCPA Wrought, Representing Creditors in Consumer Cases Under BAPCPA – 2007 Update, 4th Annual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, May 2007.
  • Bankruptcy: What’s Ethics Got to Do With It? Undisclosed Assets, Monroe County Bar Association, September 2007.
  • Practice in Consumer Cases Under BAPCPA – Representing Creditors (written materials only), 3rdAnnual Western New York Bankruptcy Conference, Monroe County Bar Association & Erie Institute of Law, June 2006.
  • BAP Real Estate Amendments: Revenge of the Landlords, Monroe County Bar Association, March 2006.
  • Reaffirmation Agreements under BAPCAP, Potential Liability, The Daily Record, January 2006.

Beyond the Office

Mr. Palmer is an active participant in the Volunteer Legal Services Program, providing legal representation pro-bono to qualified individuals seeking bankruptcy relief. He was the past Vice-President and current Treasurer for Corn Hill Navigation, a nonprofit organization that connects the community and visitors to Rochester’s historic waterways through authentic, guided boat experiences and educational programs (http://sampatch.org/). Mr. Palmer has previously served for several years as Boylan Code’s United Way representative and is a former volunteer with the Law Explorer’s Mock Trial Competition.

Outside the office, Mr. Palmer enjoys woodworking and his hobby and finished pieces were featured in the Daily Record (Devin Palmer Handcrafts Wooden Treasures, September 2012).