Eloy A. Peral

Special Counsel

New York, NY
156 West 56th Street
New York, NY 10019
P 212.237.1071 F 212.262.1215
P 212.237.1071 F 212.262.1215

Experience

Eloy Peral represents secured lenders, debtors, liquidating trustees, landlords, purchasers of distressed assets, and other interested parties in a wide range of complex bankruptcy proceedings and out-of-court restructurings throughout the United States. He also has significant experience representing creditors and litigants in cross-border restructurings, including in Chapter 15 cases. 

Prior to Windels Marx, Mr. Peral practiced at a boutique firm and an AmLaw 200 firm in New York. Prior to law school, he worked as an aide to former U.S. Senator Mel R. Martinez (Florida) and as an intern for a lobbying and public relations firm.

Representative Matters

Mr. Peral’s representations have included:

Distressed Real Estate
  • Defrauded investors in Financial District condominium development valued at more than $60 million in connection with Chapter 11 case filed by property owners and adversary proceedings.
  • Lenders to various shopping centers in Queens valued at more than $20 million each in connection with single asset real estate cases and adversary proceedings filed by property owners.
  • Former owner of condominium development as debtor-plaintiff seeking to recover the proceeds of a $14 million down payment misappropriated by the debtor’s former principals.
Debtors
  • Jaguar Land Rover Manhattan, one of the largest Jaguar Land Rover dealerships in North America, and affiliated car dealerships in their Chapter 11 cases in the Bankruptcy Court for the Southern District of New York.
  • Manhattan Jeep Chrysler Dodge and an affiliated car dealership in their Chapter 11 cases in the Bankruptcy Court for the Southern District of New York.
  • Loyalty marketing company in its Chapter 11 case in the Bankruptcy Court for the District of New Jersey.
Post-Confirmation Trustees
  • Liquidating trustee in the Chapter 11 case of Saab Cars North America in the Bankruptcy Court for the District of Delaware.
  • Liquidating trustee of Jesup & Lamont Securities, one of the oldest broker-dealers in the United States prior to its Chapter 11 filing in the Bankruptcy Court for the Southern District of New York.
  • General Unsecured Creditor Trust in the Chapter 11 cases of CEC Entertainment d/b/a Chuck-E-Cheese and its affiliates in the Bankruptcy Court for the Southern District of Texas.
Landlords
  • Ad hoc group of landlords in the Chapter 11 cases of Guitar Center Holdings and its affiliates in the Bankruptcy Court for the Eastern District of Virginia.
  • Landlord in the Chapter 11 cases of Studio Movie Grill and its affiliates in the Bankruptcy Court for the Northern District of Texas.
  • Landlord in the Chapter 11 cases of Sears Holdings and its affiliates in the Bankruptcy Court for the Southern District of New York.
Cross-Border Restructurings
  • Landlords in the cross-border restructuring of Aldo Group involving Canadian insolvency proceedings and ancillary Chapter 15 cases.
  • Landlords in the cross-border restructuring of Groupe Dynamite, a Montreal-based fashion retailer, involving Canadian insolvency proceedings and ancillary Chapter 15 cases.
  • Mexican offshore driller in the Chapter 15 case and associated adversary proceeding filed by its primary competitor.
Official Committees of Unsecured Creditors
  • Official Committee of Unsecured Creditors in the Chapter 11 cases of NPC International, one of the largest restaurant franchisees in the United States at the time, and its affiliates in the Bankruptcy Court for the Southern District of Texas.
  • Official Committee of Unsecured Creditors in the Chapter 11 cases of CEC Entertainment d/b/a Chuck-E-Cheese and its affiliates in the Bankruptcy Court for the Southern District of Texas.

Selected Publications

  • U.S. Court Rejects Request for Email Service under Hague Service Convention - Windels Marx Alert, January 9, 2024.
  • Debtors Can't Have Their Cake and Eat it Too: SDNY Bankruptcy Judge Rules that Hotel Must Pay Default Interest As Condition to Reinstating Loan - Windels Marx Alert, August 15, 2023.
  • Landlords Without Borders: Challenges in Canadian/U.S. Cross-Border Retail Restructurings, AMERICAN BANKRUPTCY INSTITUTE JOURNAL, Vol. XLI, No.2, February 2022 (co-author). Article was also selected for inclusion in Best of ABI 2022: The Year in Business Bankruptcy.
  • Is Time Really of the Essence? Not in Bankruptcy, NEW YORK LAW JOURNAL, September 25, 2017.
  • In Bankruptcy, Attorney-Client Privilege is Not Absolute, NEW YORK LAW JOURNAL, November 14, 2016 (co-author).
  • Involuntary Bankruptcy Petition: A Powerful Tool for Creditors, NEW YORK LAW JOURNAL, June 13, 2016 (co-author).
  • Federal Act Gives Rights Against Owners, REAL ESTATE WEEKLY, January 7, 2016 (co-author).
  • Curtailing Vulture Funds in Low-Income Sovereign Debt Litigation: American and British Legislative Responses, BUSINESS LAW BRIEF, Spring 2011, at 17-25.

Presentations

  • "Introduction to U.S. Judgment Enforcement and Bankruptcy" - Legal 500 GC Summit (Taiwan, 2023).

Recognition

  • Super Lawyers - New York Metro "Rising Stars" (2019-2021)

Memberships

  • Cuban American Bar Association
  • American Bankruptcy Institute 
  • New York City Bar Association

Academia

  • American University Washington College of Law - Business Law Review (Founding Member), Business Law Brief (Articles Editor)

Publications +

Practices

Education

  • J.D., American University Washington College of Law, 2010
  • Economics and International Politics, New York University, 2005

Admissions

  • New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States Court of Appeals for the Second Circuit