Jeffrey Chubak

Jeffrey Chubak’s practice focuses on bankruptcy, creditors’ rights, and commercial litigation.  He regularly represents trustees, committees, lenders, directors and officers, and major stakeholders in bankruptcy cases.  He also represents clients in commercial disputes involving breach of contract, breach of fiduciary duty, and other business tort claims.  Prior to joining Amini LLC, Jeff was associated with Proskauer Rose, Dewey & LeBoeuf and Storch Amini PC.

Examples of Jeff’s experience include:

• Absolut Facilities Management.  Represent the official committee of unsecured creditors in chapter 11 cases of nursing home and assisted living facility operators.
• Premier Exhibitions.  Represented the official committee of unsecured creditors in chapter 11 case of public exhibition company that owned roughly 5,500 artifacts from the Titanic.
• WonderWork.  Represent the debtor’s CEO in breach of fiduciary duty and avoidance action brought by litigation trustee in chapter 11 case of not-for-profit corporation.
• Fund.com.  Represent the receiver of company used as vehicle for pump-and-dump fraud, and successfully recovered $2.5 million and the Fund.com domain name for stakeholders.
• Magnesium Corp.  Represented special counsel to chapter 7 trustee in contested matter concerning $89 million final fee application that was approved over bondholder group’s objection.
• Florida Career Colleges.  Represented liquidating trustee in breach of fiduciary duty action against former officers of chain of for-profit colleges, which settled for $15 million following briefing on summary judgment.
• Caesars.  Represented trade creditor in Rule 3001(e)(2) contested matter, which concluded with the alleged transferee withdrawing its transfer of claim with prejudice following briefing on summary judgment.
• LightSquared.  Represented former CEO in contested confirmation and multiple appeals, and successfully obtained stay pending appeal from the Second Circuit.
• TransCare.  Represented the chapter 7 trustee in breach of fiduciary, avoidance, and debt recharacterization action brought against the debtors’ prepetition lender and principal.
• TS Employment.  Represented debtor’s former accountant in malpractice and fraud action commenced by chapter 11 trustee, and successfully obtained dismissal of complaint on in pari delicto and Wagoner rule grounds.
• Pursuit Investment Management.  Represented hedge fund-purchaser in contested matter concerning sale by chapter 7 trustee of causes of action against Debtor’s principals, affirmed on appeal.
  

Publications

• Liquidating Trustee’s breach of Fiduciary Duty Claims Excluded from D&O Coverage, ABI Journal (July 2016)
• Discharge of Student Loan Debt in Bankruptcy, CLE Sponsored by the City Bar Justice Center (June 2016)
• Nixing Permissive Plan Payments Effectively Repeals 1129(a)(4), ABI Journal (July 2014)
• Orchestrated Involuntary Case Not Dismissed on Bad Faith Grounds, ABI Journal (May 2014)
• CFPA’s Anti-Injunction Provision a Potential Limit on Courts’ Subject-Matter Jurisdiction, ABI Journal (February 2014)
• Bankruptcy Rule 7004 May Apply to Claim Objections, ABI Journal (August 2013)
• Response to “Routine Illegality in Bankruptcy Court, Big Case Fee Practices,” 83 Am. Bankr. L. J. 549 (2009)
  

Recognition
Jeff has been recognized by Super Lawyers as a “Rising Star” in business bankruptcy from 2015 to 2017 and a Super Lawyer in 2013. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the New York State Court of Appeals or the Supreme Court of New Jersey.

Professional Memberships
Jeff is a member of the American Bankruptcy Institute and the New York City Bar Association.

Professional History
Prior to joining the firm, Jeff was an associate at Proskauer Rose LLP.