Jay L. Lubetkin concentrates his practice in the representation of all parties in interest in Chapter 11 and Chapter 7 bankruptcy cases, including the representation of corporate and partnership debtors, individual debtors, Chapter 11 trustees, secured creditors, official committees, competing plan proponents, landlords, liquidators, and equity interest holders, and serves as both a chapter 11 trustee and chapter 7 panel trustee. He also maintains a substantial real estate, commercial litigation, and transactional practice.
A significant portion of Mr. Lubetkin’s efforts over the last year were in his capacity as Chapter 11 trustee for three operating debtors. As the Court appointed fiduciary for Scantek Medical, Inc., Mr. Lubetkin took the reins of this public medical device manufacturer, resolved significant joint venture partner litigation, and obtained confirmation of a liquidating plan. In the case of Amark Industries, Inc., Mr. Lubetkin is operating a $1,000,000 wire wholesaler. Mr. Lubetkin’s turnaround efforts created monthly operating profits approaching six digits. Recently, Mr. Lubetkin was appointed Chapter 11 trustee for Martin Cadillac, one of the nation’s most prestigious Cadillac dealers.
Mr. Lubetkin previously served as chapter 11 trustee for Lisanti Foods, Inc., a $350,000,000 food wholesaler. In that case, Mr. Lubetkin obtained confirmation of a plan affecting substantive consolidation, and prevailed on the appeal of the confirmation order both in the District Court and the Third Circuit Court of Appeals. He also conducted hotly contested fraud litigation against the corporate affiliates, yielding an approximate $2,500,000 recovery for the estate.
Mr. Lubetkin also has extensive experience representing individuals in complex bankruptcy proceedings. Mr. Lubetkin recently concluded the representation in the Bankruptcy Court for the Southern District of New York of the president and sole shareholder of a third generation industrial steel fabricator. He accomplished the discharge of more than $30,000,000 in debt and successfully concluded five non-dischargeabilty proceedings.
During 2010, Mr. Lubetkin engineered the bankruptcy sale of the property of a development debtor, valued at more than $100,000,000 upon completion, while simultaneously resolving complex membership disputes and broker lien claim encumbrances.
Mr. Lubetkin served as lead bankruptcy counsel for Giant Carpet Stores of America, Wall Furniture Outlets, Arthur’s Catalog Showrooms, Eber’s Patio Shop, Druckers Electronics, Internal Intelligence Service, Inc., and Surrey Electric, among others. He was counsel to the official committee of unsecured creditors in The Channel Home Centers and Trader Horn bankruptcy proceedings.
Mr. Lubetkin is a chapter 7 panel trustee for the District of New Jersey, Region 3, Newark Vicinage, and a chapter 11 trustee by appointment from the United States Trustee’s Office. In his capacity as chapter 7 Trustee, he has administered more than 4,000 bankruptcy cases.
Mr. Lubetkin has drafted numerous asset purchase agreements, limited liability company operating agreements, leases, management agreements, construction contracts, confidentiality and non-disclosure agreements, employment agreements, and numerous other commercial transaction documents.
Mr. Lubetkin brings the unique combination of a Wharton academic degree, substantial real world business experience, and a sophisticated understanding of the complex nuances of the legal process to the bankruptcy forum.
Mr. Lubetkin has lectured on bankruptcy related matters before the American Bankruptcy Institute, the New Jersey Institute for Continuing Legal Education, the National Business Institute, and the Essex County Bar Association, and has written articles for The Bankruptcy Strategist and the Essex County Bar Association Chronicle. Mr. Lubetkin is a co-author of a chapter in the New Jersey Bankruptcy Manual.
Mr. Lubetkin receives the prestigious AV rating from Martindale-Hubbell, has been consistently recognized as a New Jersey and New York area “Super Lawyer,” and is listed in the Best Lawyers of New York
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