Attorney
Marc R. Kivitz served as Law Clerk to the late Honorable Harvey M. Lebowitz, Judge of the U. S. Bankruptcy Court for the District of Maryland in 1979-1980. His 40-year practice focuses upon reorganization, bankruptcy, and commercial law, representing financial institutions and asset-based lenders, unsecured creditors, creditors’ committees, and debtors in Chapter 11 and 13 reorganization cases and in Chapter 7 liquidation cases.
Mr. Kivitz was honored in May, 2018, with the Judge Paul Mannes Award for his contributions to the betterment of bankruptcy practice by the Bankruptcy Bar Association of Maryland, Inc. In June, 2013, he was honored with the Alan J. Belsky Award for his contributions to the MSBA Consumer Bankruptcy Section. He served for 16 years as a Chapter 7 Trustee, as a member of the National Association of Bankruptcy Trustees, and in October, 2011, on the U.S. Bankruptcy Court’s Committee to formulate an Individual Chapter 11 Plan and Disclosure Statement. Mr. Kivitz received the MVLS Community Service Award in September, 2005, and in May, 1979, he received his Juris Doctor, the William P. Cunningham Scholarship Award, and Moot Court Certificate of Merit for appellate advocacy from the Univ. of MD School of Law; in May, 1976, his B.A. in Economics magna cum laude with a General Honors Citation for his astrophysics thesis on black holes from the University of MD at College Park, was a member of Phi Beta Kappa, received the H. C. Byrd Citizenship Prize for community service, and was recognized in Who’s Who in American Universities and Colleges 1976.
Mr. Kivitz’ cases include (i) the rights of Ch. 7 trustees to sell assets (Willemain v. Kivitz, 764 F.2d 1019 (4th Cir. 1985)); (ii) exemptions for tenants by entirety assets (In re McQuaige, 38 B.R. 261 (Bankr. D.Md. 1984)); (iii) exemptions for garnished wages (In re Buzzell, 56 B.R. 197 (Bankr. D.Md. 1986)); (iv) the taxation of Chapter 11 estates (In re Shank, 240 B.R. 216 (Bankr. D.Md. 1999)); (v) the extent of the automatic stay (In re Small, 38 B.R. 143 (Bankr. D.Md. 1984)); (vi) the establishment of exemptions for life insurance benefits (In re Kleinman, 274 B.R. 171 (Bankr. D.Md. 2002); 272 B.R. 239 (Bankr. D.Md. 2001)); and (vii) the protection of decedent’s estates’ assets to heirs (Hopkins Fed. Savings Bank v. Bunch (In re Bunch), 249 B.R. 667 (Bankr. D.Md. 2000)).
Mr. Kivitz has conducted seminars for MICPEL, MSBA Consumer Bankruptcy Section (serving on its Executive Council), the Baltimore Bar Association of Maryland, Inc. (of which he is a founding member of its predecessor, the Bankruptcy Bar Discussion Group, and has served on its Program and Legislative Affairs Committees and its Subcommittee for 25thAnniversary of Bankruptcy Code for which he composed and performed the song “Bye Bye Bankruptcy Act”); the National Business Institute; Half Moon, LLC; and similar organizations on issues such as Personal Injury and Bankruptcy; Domestic Support Obligations; Homestead Exemptions; Means Testing; Reaffirmation and Redemption; The Fourth Option — Continue to Repay under BAPCPA; Applicable Cramdown Interest Rates under Till v. SCS Credit Corp,; and Lien Stripping and Avoidance in Bankruptcy; Effect of Bankruptcy on Real Estate Transactions, Advanced Topics; Revised U.C.C. Article 9;Creditors’ Rights in Bankruptcy; and Representation of Creditors’ Committees. He authored “A Bankruptcy Nightmare,” in 2005 analyzing BAPCPA’s changes. He sings tenor with his synagogue’s a cappella and Shabbat Choirs.
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