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Overview

Overview

Paul Hage is an attorney who leads our Insolvency & Reorganization, practice group. He specializes in representing debtors, lenders, creditors’ committees, asset purchasers, unsecured creditors, and trustees in bankruptcy proceedings nationwide.

Paul is certified by the American Board of Certification as a specialist in business bankruptcy law. He is Co-Director of the Conrad B. Duberstein National Bankruptcy Moot Court Competition and is an Adjunct Professor at the University of Michigan Law School.

Education & Admissions

Education & Admissions

Education 

  • St. John’s University School of Law
    LL.M. in Bankruptcy Law
  • Loyola University Chicago School of Law
    J.D.
  • Michigan State University, James Madison College
    Bachelor of Arts

Bar Admission

  • Michigan
  • Supreme Court of the United States

Court Admissions

  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. Court of Appeals for the Sixth Circuit

Affiliations

Affiliations

  • Access to Bankruptcy Court
    •  President, 2019—present
    •  Secretary, 2016—2019
  • American Bankruptcy Institute
    •  Board of Directors, 2019—present
    •  American Bankruptcy Institute Journal, Coordinating Editor, 2012—present
    •  ABI Unsecured Trade Creditors Committee, Co-Chair (2015—2017); Education Director (2014—2015); Newsletter Editor (2012—2014)
    •  ABI Emerging Industries & Technology Committee, Education Director, 2017—2019
    • ABI Volo Circuit Court Opinion First Responder, Editorial Board, 2010—2016
    • Shapero Cup Regional Moot Court Competition & Symposium, Planning Committee, 2019—present
  • American Bankruptcy Law Journal
    • Editorial Advisory Board Member, 2016—2019
  • American Bar Association, Business Law Section, Business Bankruptcy Committee
    • Claims & Priorities Subcommittee, Chair, 2011—present
    • Abuses of the Bankruptcy Process Subcommittee, Vice-Chair, 2009—2011
  • American Board of Certification of Bankruptcy and Creditors’ Rights Attorneys
    • Board of Directors, 2019—present
  • Consumer Bankruptcy Association
    •  Member, 2018—present
  • Federal Bar Association
    • Barbara J. Rom Award for Bankruptcy Excellence Selection Committee, 2019—present
    • Western District of Michigan Bankruptcy Seminar Planning Committee, 2019—present
  • Norton Institutes on Bankruptcy Law
    • Norton Bankruptcy Law Adviser, Editorial Advisory Board, 2018—present
    • Norton Journal of Bankruptcy Law & Practice, Editorial Advisory Board, 2010—present
    • Norton Annual Survey of Bankruptcy Law, Contributing Editor, 2008—present
    • Norton Bankruptcy Law & Practice 3d Treatise, Contributing Editor, 2007—present
  • State Bar of Michigan Business Law Section Debtor/Creditor Rights Committee
    • Vice-Chair, 2016—present
  • Turnaround Management Association
    • Michigan Chapter President, 2013—2014
    • Michigan Chapter Board of Directors, 2010—2016
    • TMA Global NextGen Leadership Committee, 2013—2014

News

News

Publications

  • “Benchnotes: Eleventh Circuit Highlights Difficulty of Obtaining Sanctions for Discharge Violations Post-Taggart,” American Bankruptcy Institute Journal (2019).
  • “Border Control: The Enforceability of Contractual Restraints on Bankruptcy Filings,” ABA Business Law Today (2019).
  • “Still the Same: Direct Payments In Chapter 13 Are “Payments Under the Plan,” Norton Bankruptcy Adviser (2019).
  • “You Never Give Me Your Money: Tenancy By the Entireties in Michigan,” The Michigan Business Law Journal (2019).
  • “Benchnotes: First Circuit Addresses BAPCPA Stay Termination for Repeat Filers,” American Bankruptcy Institute Institute Journal (2019).
  • “Benchnotes: Second Circuit Affirms Dismissal of Involuntary Bankruptcy Involving Two-Party Dispute,” American Bankruptcy Institute Journal (2018).
  • “Recent Developments in Section 503-Administrative expenses,” Norton Annual Survey of Bankruptcy Law (2018).
  • “Benchnotes: Purchase of Unsecured Claims to Defeat Confirmation Does Not Constitute Bad Faith,” American Bankruptcy Institute Journal (2018).
  • “The New Michigan Domestic Asset Protection Trust Statute and its Impact on Fraudulent Transfer Law,” The Michigan Business Law Journal (2018).
  • “Benchnotes: Statutory Commission for Chapter 7 Trustees Must be Awarded Absent Exceptional Circumstances,” American Bankruptcy Institute Journal (2018).
  • “Benchnotes: Eleventh Circuit Adopts Totality of Circumstances Standard for Judicial Estoppel.” American Bankruptcy Institute Journal (2018).
  • “Benchnotes: Ninth Circuit Holds that a Sale Under 363(f) Strips Tenants of their 365(h) Rights,” American Bankruptcy Institute Journal (2017).
  • “Physical Possession of Goods is Required for an Administrative Expense Under Section 503(b)(9),” ABI Unsecured Trade Creditors Committee Newsletter (2017)
  • “Recent Developments in Section 503- Administrative Expenses & Key Employee Retention, Incentive and Severance Plans,” Norton Annual Survey of Bankruptcy Law (2017).
  • “Sixth Circuit Court of Appeals holds That A Perfected Assignment of Rents Enforced Pre-Petition Excludes Such Rents From Being Property of the Bankruptcy of the Bankruptcy Estate,” The Michigan Business Law Journal (2017).
  • Bench notes: Bankruptcy Courts Lack Constitutional Authority to Approve Third-Party Releases,” American Bankruptcy Institute Journal (2017).
  • “Michigan Security Interests in Personal Property,” The Institute of Continuing Legal Education (2017).
  • “Benchnotes: Sixth Circuit Addresses Good Faith and Mere Conduit Fraudulent Transfer Defenses,” American Bankruptcy Institute Journal (2017).
  • “Benchnotes: Ninth Circuit Extends Barton Doctrine to Unsecured Creditor Committee Members,” American Bankruptcy Institute Journal (2017).
  • “Benchnotes: Ninth Circuit Holds That Costs of Juvenile Detention Can be Discharged,” American Bankruptcy Institute Journal (2016).
  • “Recent Developments in Section 503-Administrative Expenses & Key Employee Retention, Incentive and Severance Plans,” Norton Annual Survey of Bankruptcy Law (2016).
  • “Benchnotes: Circuit Split on Dischargeability of Tax Debts on Late-Filed Returns,” American Bankruptcy Institute Journal (2016).
  • “Benchnotes: Seventh Circuit Holds that $10,000 Book of Morman Bible is an Exempt Asset,” American Bankruptcy Institute Journal (2016).
  • “Benchnotes: Third Circuit Weighs Factors for Granting a Stay Pending Appeal,” American Bankruptcy Institute Journal (2016).
  • “Benchnotes: Sixth Circuit Holds That Substantial Contribution Claims are Available in Chapter 7,” American Bankruptcy Institute Journal (2015).
  • Recent Developments in Section 503-Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2015).
  • “Benchnotes: Tenth Circuit Rules that Recharacterization Remedy Survives Recent Rulings,” American Bankruptcy Institute Journal (2015).
  • “Strike Two: First Circuit Affirms Lower Court’s Ruling that Puerto Rico’s Municipal Restructuring Law is Unconstitutional,” American Bankruptcy Institute Journal (2015).
  • “Benchnotes: Fifth Circuit Rejects Retrospective “Actual Benefit” Standard for Reviewing Attorney Fees,” American Bankruptcy Institute Journal (2015).
  • “Credit Bidding in Bankruptcy: A Guide for Lenders, Creditors and Distressed-Debt Investors,” American Bankruptcy Institute (2015).
  • “Benchnotes: Victory Through Application of ‘Hypothetical’ Test in Trump Entertainment Bankruptcy,” American Bankruptcy Institute Journal (2015).
  • “Benchnotes: Mistakenly Filed Termination Statement is Effective to Terminate Security Interest in $1.5 Billion Loan,” American Bankruptcy Institute Journal (2015).
  • “Benchnotes: Courts Lack Jurisdiction to Determine Tax Refund Claims Brought by Liquidating Trustees,” American Bankruptcy Institute Journal (2015).
  • “Not for Sale” An Approach to the Approval of Chapter 7 Discharge Settlements by Trustees,” American Bankruptcy Institute Journal (2014).
  • “Benchnotes: Sixth Circuit Clarifies Standard for When a Cause of Action Becomes Property of the Estate,” American Bankruptcy Institute Journal (2014).
  • “Recent Developments in Section 503 – Administrative Expenses & Key Employee Retention, Incentive and Severance Plans,” Norton Annual Survey of Bankruptcy Law (2014).
  • “Is the Unfinished Business Rule Finished? Recent Decisions May Close the Book on Hourly Matters,” American Bankruptcy Institute Journal (2014).
  • “Benchnotes: Eighth Circuit Addresses Subsequent New Value Defense in Tri-Party Relationships,” American Bankruptcy Institute Journal (2014).
  • “Benchnotes: Fisker Court Limits Secured Creditor’s Right to Credit Bid,” American Bankruptcy Institute Journal (2014).
  • “When the Third Circuit Speaks, Trade Creditors Should Listen: Takeaways on Subsequent New Value from In reFriedman’s” NACM Business Credit (2014).
  • “Benchnotes: Third Circuit Clarifies Impact of Section 502(d) on Claims Trading in In re KB Toys, Inc.,” American Bankruptcy Institute Journal (2014).
  • “Retooling for Chapter 9: How is Chapter 9 Different from Chapter 11?”, The Journal of Corporate Renewal (2013).
  • “Benchnotes: Litigants Cannot Consent to a Bankruptcy Court Determining Matters for Which They Lack Constitutional Authority,” American Bankruptcy Institute Journal (2013).
  • “The Belly of the Beast: Law Firm Insolvencies, Unfinished Business and Jewel-Waivers,” ABA Business Law Today (2013).
  • “Recent Developments in Section 503 – Administrative Expenses & Key Employee Retention, Incentive and Severance Plans,” Norton Annual Survey of Bankruptcy Law (2013).
  • “A Guide to Chapter 9 of the Bankruptcy Code: What You Need to Know,” Crain’s Detroit Business (2013),
  • “Benchnotes: Ninth Circuit Creates Circuit Split Regarding Whether the Holder of an Unstayed State Court Judgment Can be a Petitioning Creditor in an Involuntary Case,” American Bankruptcy Institute Journal (2013).
  • “The (Heightened) Requirements for Chapter 7 Trustees to Retain Their Own Law Firms as Counsel,” American Bankruptcy Institute Journal (2013).
  • “Coming Soon to a State Near You: What You Should Know About the New Revisions to Article 9,” American Bankruptcy Institute Journal (2013).
  • “Benchnotes: Statutory Cap on Lease Termination Claims Does Not Preclude Additional Claims by a Landlord for Maintenance and Repair Damages,” American Bankruptcy Institute Journal (2013).
  • In re Tousa: When Can Indirect Benefits Constitute Reasonably Equivalent Value in Fraudulent Transfer Actions?” The Michigan Business Law Journal (2013).
  • “Benchnotes: California Bankruptcy Court Analyzes Eligibility Requirements to be a Chapter 9 Debtor,” American Bankruptcy Institute Journal (2013).
  • “Res Judicata Bars Avoidance Actions Against Estate Professionals Where Pre-Petition Transfers Are Properly Disclosed,” American Bankruptcy Institute Journal (2012).
  • “You Can’t Take Them With You: Coudert Brothers and the Application of the Unfinished Business Rule to Dissolved Law Firms,” American Bankruptcy Institute Journal (2012).
  • “Recent Developments in Section 503 – Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2012)
  • “What Can Your Operating Agreement Do For You?: Navigating Through the Intersection of Bankruptcy & LLC Law,” American Bankruptcy Institute Journal (2012).
  • “Who Is A “Transferee’ Under Section 550(a) of the Bankruptcy Code?: The Divide Over Dominion, Control and Good Faith in Applying the Mere Conduit Defense,” Journal of Bankruptcy Law & Practice (2012).
  • “Recent Developments in Section 503 – Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2011)
  • “If You Build It…What You Should Know About Mechanic’s Liens in Bankruptcy,” American Bankruptcy Institute Journal (2011)
  • “When Timing is Everything: Treatment of Consignment Agreements in Bankruptcy,” ABI Unsecured Trade Creditors Committee Newsletter (2011)
  • “The Delphi Preference Actions: An Abuse of the Civil Procedure Rules,” Turnaround Management Association Michigan Chapter Newsletter (2011)
  • “Courts have Jurisdiction to Interpret § 363 Sales Orders, Enforce 
Implied Restrictive Covenants,” American Bankruptcy Institute Journal (2011)
  • “A Hot Issue – Does Electricity Constitute “Goods” Under the Bankruptcy Code?,” Journal of Bankruptcy Law & Practice (2011)
  • “A Split in the Case Law: Does BAPCPA’s Small-Dollar Venue Restriction Apply to Preference Actions,” American Bankruptcy Institute Journal (2010)
  • “Is it Sill New Value? – Application of Section 503(b)(9) to the Subsequent New Value Preference Defense,” Journal of Bankruptcy Law & Practice (2010)
  • “Recent Developments in Section 503 – Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2010)
  • “Assignments for the Benefit of Creditors in Michigan,” Strategic Alternatives for Distressed Businesses, 2d (2010).
  • “Does Section 502(d) Apply to Administrative Expenses? – The Second Circuit Joins the Debate In re Ames Stores,” Journal of Bankruptcy Law & Practice (2009)
  • Recent Developments in Section 503—Allowance of Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2009)
  • “Of Claims, Planes & Automobiles—Recent Developments on 503(b)(9) and Reclamation Claims,” ABA Section of Business Law Business Bankruptcy Newsletter (2009)
  • “Recent Developments in Section 503—Allowance of Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2008)
  • “Joint Administration, Procedural Consolidation, and Substantive Consolidation of Cases,” Norton Bankruptcy Law and Practice (2008)
  • “A Primer on BAPCPA’s Small Business Bankruptcy Provisions” Norton Bankruptcy Law Adviser (2007)
  • “Key Employee Retention Plans Under BAPCPA: Is There Anything Left?” Journal of Bankruptcy Law & Practice (2007)
  • “Small Business Provisions Under BAPCPA,” Journal of Bankruptcy Law & Practice (2007)

Speaking Engagements

  • “A Deep Dive on Important Bankruptcy Cases”, ABI Hon. Steven W. Rhodes Consumer Bankruptcy Conference (2019).
  • “Eye on Bankruptcy,” American Bankruptcy Institute Webinar (2019).
  • “Enigmatic Exemptions Explained,” Federal Bar Association Western District of Michigan Bankruptcy Section Seminar (2019).
  • “Tempnology: Trademark Agreements and the Consequences of Rejection,” American Bankruptcy Institute Webinar (2019)
  • “Assume? Reject? Assign? Ride Through? Jump Around?,” Federal Bar Association Western District of Michigan Bankruptcy Section Seminar (2018).
  • “The Tightrope Walk of Asset Protection Planning,” MICPA Management Information and Business Conference (2018).
  • “Getting Paid and Avoiding Disgorgement,” American Bankruptcy Institute Central States Bankruptcy Workshop (2018).
  • “Contracting Away the Code: The Enforceabilty of Pre-Bankruptcy Agreements,” ABA Business Law Section Spring Meeting (2018).
  • “Advanced Chapter 11 Issues,” Federal Bar Association Western District of Michigan Bankruptcy Section Seminar (2017).
  • “Energy Case Studies,” ABI Central States Bankruptcy Workshop (2017)
  • “Bankruptcy Fundamentals,” Consumer Bankruptcy Association (2017)
  • “The New Michigan Domestic Asset Protection Trust Act,” State Bar of Michigan Debtor/Creditors Rights Committee (2017)
  • “Discharging ‘Unknown’ Claims,” Annual Conference of the National Conference of Bankruptcy Judges (2016).
  • “Recent Developments in 363 Sales,” Norton Bankruptcy Litigation Institute – Las Vegas (2016).
  • “Litigation of Professional Fees in Bankruptcy,” Norton Bankruptcy Litigation Institute – Las Vegas (2016).
  • “Current Issues Regarding Objections to Discharge in Chapter 7 Cases,” ABI Detroit Consumer Bankruptcy Conference (2015)
  • “Not for Profit and Religions Related Bankruptcies,” ABI Midwestern Bankruptcy Institute (2015).
  • “Loan-to-Own and Other § 363 Bidding and Acquisition Strategies,” ABI Central States Bankruptcy Workshop (2015).
  • “Is There a Need for Venue Reform in Chapter 11?,” ABI Unsecured Trade Creditors Committee Teleseminar (2015).
  • “Supreme Court Case Law Update,” ABI Memphis Consumer Bankruptcy Conference (2015).
  • “Supreme Court Consumer Bankruptcy Decisions,” ABI Media Teleconference (2015).
  • “The Legal Fight for the Future of Detroit,” Turnaround Management Association Spring Conference (2015).
  • “One City at a Time: The Role and Increasing Presence of Chapter 9 Municipal Bankruptcies,” Campbell University Law School Symposium (2014).
  • “(Almost) Everything You Wanted to Know About….Executory Contracts,” Annual Conference of the National Conference of Bankruptcy Judges (2014).
  • “Bankruptcy 101,” Michigan Chapter of the Turnaround Management Association (2014).
  • “Municipal Bankruptcy and Recent Developments in Chapter 9,” Norton Institutes Western Mountains Bankruptcy Law Seminar (2014).
  • “Non-Profit Chapter 11’s,” Norton Institutes Western Mountains Bankruptcy Law Seminar (2014).
  • “The Intricacies of Section 363 Sales,” ABI Central States Bankruptcy Workshop (2014).
  • “Supreme and Appellate Court Case Law Update,” ABI Memphis Consumer Bankruptcy Conference (2014).
  • “Fisker and Free Lance-Star-Anomalies or Signs of a Trend?,” ABI Unsecured Trade Creditors Committee Webinar (2013).
  • “Chapter 9: The Detroit Case,” TMA Great Lakes Regional Conference (2014).
  • Representing Creditors in Wilmington and Manhattan: An Outsider’s Primer to Litigating in American’s Busiest Bankruptcy Courts,” ABI Live Webinar (2014).
  • “Live to Negotiate Another Day,” Turnaround Management Association Senate Conference (2014).
  • “The Impact of Section 503(b)(9) on the Subsequent New Value Preference Defense,” ABI Unsecured Trade Creditors Committee Teleseminar (2013).
  • Stern v. Marshall: How the Circuit Courts Have Interpreted It,” ABI Memphis Consumer Bankruptcy Conference (2013).
  • “All That You Can’t Leave Behind: Law Firm Insolvencies, the Unfinished Business Rule and its Impact on Business Lawyers,” ABA Business Law Section Spring Meeting (2013).
  • “Substantive Consolidation of Bankruptcy Cases: An Overview,” Norton Bankruptcy Litigation Institute – Las Vegas (2013).
  • “Recent Developments in Preference Litigation,” Norton Bankruptcy Litigation Institute – Las Vegas (2013).
  • “Fraudulent Transfer Law: Should it Be Changed?,” Debtor/Creditors’ Rights Committee of the State Bar of Michigan Business Law Section (2013).
  • “Tropical Storm TOUSA: Has the 11th Circuit Burst Lending to Distressed Borrowers on the Bubble?,” Annual Conference of the National Conference of Bankruptcy Judges (2012).
  • “Examining Litigation Surrounding the Dissolution of a Distressed Law Firm,” American Bankruptcy Institute Podcast (2012).
  • “Stern v. Marshall: The Current State of Bankruptcy Court Jurisdiction,” West Legal Ed Teleseminar (2012).
  • “Section 503(b)(9) and its Impact on the Subsequent New Value Defense,” West Legal Ed Teleseminar (2012).
  • “Claims Litigation in Bankruptcy Cases,” West Legal Ed Teleseminar (2012).
  • “Recent Developments in Claims & Preference Litigation,” Norton Bankruptcy Litigation Institute – Las Vegas (2012).
  • “Bankruptcy Jurisdiction, Withdrawal & Abstention,” ICLE Basic Litigation in Bankruptcy Court Seminar (2012).
  • “Goldilocks and the Three Fraudulent Transfer Defenses: Can Good Faith, Mere Conduit or In Pari Delicto be the Perfect Size?,” National CLE Conference in Snowmass, Colorado (2012).
  • “Everything You Prefer to Avoid: What You Really Should Know About Fraudulent Transfers, Preferences and Avoidance Actions,” Annual Conference of the National Conference of Bankruptcy Judges (2011)
  • “Iqbal & Twombly: Application of the Heightened Pleading Standard in Bankruptcy Adversary Proceedings,” National CLE Conference in Vail Colorado (2011).
  • “Bankruptcy & Reorganization: What You Need to Know,” Michigan Association of Certified Public Accountants 2010 Automotive Dealers, Construction Industry and Controllership Conference (2010).
  • “Bankruptcy Pleading Standards After Twombly and Iqbal,” Debtor/Creditors’ Rights Committee of the State Bar of Michigan Business Law Section (2010).
  • “Representing Unsecured Creditors’ Committees,” Michigan Chapter of the Turnaround Management Association (2010).