Cozen O’Connor: Fraser, Simon E.

Simon E. Fraser

Member

Wilmington

(302) 295-2011

(302) 295-2013

Simon has extensive experience in matters involving bankruptcy law, creditors’ rights, corporate reorganization, and commercial litigation. He has represented a variety of stakeholders, including secured and unsecured creditors, trustees, debtors, committees, equity holders, and asset purchasers in various aspects of bankruptcy cases and commercial disputes.

Simon earned his undergraduate degree from Johns Hopkins University and his law degree, magna cum laude, from Villanova University School of Law, where he a member of the Order of the Coif and Associate Editor of the Villanova Law Review.

Experience

News

Cozen O’Connor Names 17 Attorneys To Membership in the Firm

May 04, 2011

Cozen O’Connor Names 17 Attorneys To Membership in the Firm. ''We congratulate this group of exceptional lawyers and are happy to welcome them into Membership in the firm,'' said Tad Decker, president and CEO of Cozen O’Connor. ''This promotion is the well-deserved result of their continuing hard work and dedication to their clients and the firm.''

Publications

Whose Lien Is It, Anyway? Decisions Regarding Maritime Liens Against Vessels

January 14, 2019

John T. Carroll, III and Simon E. Fraser authored an article titled “Whose Lien Is It, Anyway? Decisions Regarding Maritime Liens Against Vessels” which appears in the latest edition of the American Bankruptcy Institute Journal.

Latest Decision on Intersection of Reclamation Rights and DIP Liens

March 19, 2018

Simon Fraser, a member of Cozen O'Connor's Bankruptcy, Insolvency & Restructuring Department, wrote an article for the American Bankruptcy Institute Journal focusing on reclamation rights and DIP liens.

Courts Split Over Interpretation of CIMLA Provisions Regarding Suppliers’ Maritime Liens Against Vessels

July 12, 2017

John T. Carroll, III and Simon E. Fraser, both members of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice, discuss in an article with the American Bankruptcy Institute, Secured Credit Committee the interpretation of the Commercial Instruments and Maritime Lien Act (CIMLA), which protects suppliers of goods by granting a maritime lien against any vessel to which the supplier provides “necessaries.”

Delaware Bankruptcy Court Issues Latest Decision Approving Plan with “Death Trap” [American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter]

May 01, 2017

Simon Fraser discusses a recent court decision in the American Bankruptcy Institute’s Unsecured Trade Creditors Committee Newsletter.

Ninth Circuit Clarifies Which Landlord Claims are Subject to Section 502(b)(6) Cap [Bankruptcy, Insolvency & Restructuring Alert]

January 12, 2017

Mark E. Felger and Simon E. Fraser discuss a recent opinion from the Ninth Circuit that sets out a clear and seemingly easy to follow test to determine whether a given claim held by a landlord is subject to the cap section 502(b)(6) of the Bankruptcy Code imposes.

Third Circuit: Carrier’s “Extended” Maritime Possessory Liens Upheld [American Bankruptcy Institute Journal]

August 01, 2016

John Carroll and Simon Fraser discuss a U.S. Court of Appeals for the Third Circuit decision on maritime possessory liens in the American Bankruptcy Institute Journal.

Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens [Bankruptcy, Insolvency & Restructuring Alert]

May 09, 2016

Mark E. Felger and Simon E. Fraser discuss the U.S. Court of Appeals for the Third Circuit decision that maritime carriers and their customers may contractually extend the carrier’s common law possessory liens on cargo, securing payment of shipping charges, so as to cover not only the particular cargo for which shipping charges are outstanding, but all cargo belonging to the customer in the carrier’s possession.

Bankruptcy Court Disallows State of Oregon’s $29.3 Million Tax Claim [American Bankruptcy Institute Journal]

March 01, 2016

Simon Fraser discusses Oregon’s bankruptcy court tax claim in the American Bankruptcy Institute Journal.

Third Circuit Holds Companies in Bankruptcy Can Reject Expired CBAs [Bankruptcy, Insolvency & Restructuring Alert]

February 08, 2016

Simon E. Fraser and George A. Voegele discuss a ruling from the U.S. Court of Appeals for the Third Circuit that comes as a blow to organized labor and a boon to employers in bankruptcy.

3d Circuit Bolsters Gifting [American Bankruptcy Institute Journal]

December 01, 2015

Simon Fraser discusses circuit-level opinions on gifting arrangements in an article in the American Bankruptcy Institute Journal.

Delaware Bankruptcy Court Applies “Unforeseeable Business Circumstances Exception” and Holds that Estate Has No WARN Act Liability [American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter]

March 17, 2015

When a business is in financial distress, the breaking point sometimes comes with little or no warning. An event such as a termination of funding, the falling through of a crucial transaction, or the loss of a key customer can be difficult to predict, and may result in a distressed business being forced to cease operations abruptly, without providing its workers with the advance notice required under the Federal WARN Act.

Third Circuit Holds That Purchaser of Claim Is Subject to § 502(d) of the Bankruptcy Code [American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter]

April 15, 2014

Simon Fraser discusses the decision in In re KB Toys Inc., in which the Third Circuit Court of Appeals held that a claim subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original holder is also subject to disallowance in the hands of a purchaser.

Delaware Court Provides Guidance Regarding Tax-Sharing Agreements [American Bankruptcy Institute Journal]

February 03, 2014

Simon Fraser discusses the importance of specificity in tax-sharing agreements after a U.S. Bankruptcy Court for the District of Delaware ruling.

To WARN or Not to WARN [American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter]

October 01, 2013

Cozen O'Connor's Simon Fraser, member of the Bankruptcy, Insolvency & Restructuring Group, discusses the implications of the "unforeseeable business circumstances" exception to WARN Act liability.

Retirees Find that Employer's Bankruptcy May Be a Good Thing [Bankruptcy, Insolvency & Restructuring Alert!]

July 26, 2010

Retirees Find that Employer's Bankruptcy May Be a Good Thing - Bankruptcy, Insolvency & Restructuring Alert! - In deciding a question never before addressed by a circuit level court, the U.S. Court of Appeals for the Third Circuit, in In re Visteon, No. 10-1944 (July 13, 2010), held that the plain language of section 1114 of the Bankruptcy Code forbids a debtor from modifying or terminating retiree benefits without first complying with that section’s procedural and substantive safeguards

Events & Seminars

Past Events

Issues in International Maritime Bankruptcy

June 27, 2017 - Austin, TX

Education

  • Villanova University School of Law, J.D., magna cum laude, 1999
  • Johns Hopkins University, B.A., 1995
  • Delaware
  • New Jersey
  • Pennsylvania
  • U.S. District Court -- Delaware
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- New Jersey