Paul Hage

Paul Hage 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 also a member of the Firm’s Diversity, Equity and Inclusion Committee.

Paul is a Fellow in the American College of Bankruptcy. He also serves as a member of the mediation panel for United States Bankruptcy Court for the Eastern District of Michigan.  He has been an Adjunct Professor at the University of Michigan Law School and is certified by the American Board of Certification as a specialist in business bankruptcy law. Additionally, he serves as the Co-Director of the Conrad B. Duberstein National Bankruptcy Moot Court Competition, the largest single site moot court competition in the country and the only competition devoted to bankruptcy law. 

Paul serves as the President of Access to Bankruptcy Court, a non-profit organization that raises funds to provide experienced bankruptcy counsel, free of charge, to low-income consumer debtors residing in the Eastern District of Michigan. Additionally, he is a member of the Board of Directors of CARE (Credit Abuse Resistance Education), a national nonprofit that provides financial literacy education to students and young adults. 

Paul is a frequent writer and speaker on bankruptcy law issues:

Publications

• “Recent Developments in Section 503-Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2022)
• “The Great Unsettled Question: Nonconsensual Third-Party Releases Deemed Impermissible in In re Purdue Pharma, LP,” American Bankruptcy Institute Journal (2022).
• “Recent Developments in Section 503-Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2021)
• “Michigan Dramatically Expands Existing Receivership Law with the Enactment of The Receivership Act,” The Michigan Business Law Journal (2021).
• “Ten Years Later, Access to Bankruptcy Court Has Never Been More Important,” The Michigan Business Law Journal (2021)
• “City of Chicago v. Fulton: Supreme Court Rules that Passive Retention of Estate Property Does Not Violate the Automatic Stay,” Journal of Bankruptcy Law & Practice (2021)
• “Recent Developments in Section 503-Administrative Expenses,” Norton Annual Survey of Bankruptcy Law (2020)
• “The Next Wave of PPP Litigation: Use of PPP Funds in Chapter 11,” Norton Bankruptcy Law Adviser (2020).
• “The Nuts & Bolts of the Structured Dismissal of a Chapter 11 Case,” American Bankruptcy Institute Journal (2020)
• “The New Small Business Bankruptcy Law: What You Need to Know,” The Michigan Business Law Journal (2019)
• “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

• “The New Michigan Uniform Assignment of Rents Act,” State Bar of Michigan Webinar (2022)
• “Third-Party Releases in Chapter 11 Bankruptcy,” Seventy-Sixth Judicial Conference of the Sixth Circuit (2022)
• “Circuit Splits: Split Open and Melt,” Federal Bar Association Western District of Michigan Bankruptcy Seminar (2022)
• “Equitable Mootness: What Should the Law Be?,” American Bankruptcy Institute Annual Spring Meeting (2022)
• “All Things Bankruptcy Legislative Update,” ABI Hon. Steven W. Rhodes Consumer Bankruptcy Conference (2021)
• “Receiverships,” Federal Bar Association Western District of Michigan Bankruptcy Section Seminar (2021)
• “The New Normal in the Bankruptcy Court,” Federal Bar Association Eastern District of Michigan Webinar (2021)
• “Lessons Learned: The Demise of Art Van and Loves Furniture,” Turnaround Management Association Webinar (2021)
• “Barfly Ventures Bankruptcy: A Case Study,” Turnaround Management Association Webinar (2021)
• “Hot Topics with Bill Rochelle,” American Bankruptcy Institute Winter Leadership Conference (2020)
• “Michigan’s ‘New Expanded’ Receivership Act,” State Bar of Michigan Debtor/Creditors Rights Committee (2020)
• “Chapter 11 in the Era of COVID-19,” Federal Bar Association Western District of Michigan Bankruptcy Section Seminar (2020)
• “Insolvency Issues In the Wake of COVID-19 and The Cares Act,” Federal Bar Association Eastern District of Michigan Webinar (2020)
• “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).