Paul a. levine
Paul Levine concentrates his practice in representing lending institutions and private lenders and debt buyers in all phases of commercial loan solutions including pre-litigation restructure and forbearance, state court litigation including foreclosure, receivership, replevin and actions on notes and guarantees and in all aspects of bankruptcy cases. Mr. Levine’s experience includes loan solutions in manufacturing, hospitality, shipping, hydroelectric, commercial real estate, golf courses, ski areas, campgrounds, marinas, professional practices, printing and retail. He also has an active commercial litigation practice.
In the area of bankruptcy, Mr. Levine’s background gives him broad experience to use on behalf of secured and other creditors. He has served as a Chapter 7 panel trustee for over 20 years and has served as a Chapter 11 operating trustee for companies involved in commercial real estate, mobile home financing and manufacturing. Mr. Levine has also been a Chapter 11 examiner. His bankruptcy experience includes the defense and prosecution of preference claims, Code § 363 asset sales, representation of landlords, suppliers and critical vendors, prosecuting and defending fraudulent conveyance claims, serving as Chapter 11 debtor’s counsel and as counsel for other Chapter 7 trustees on a variety of matters.
In non-bankruptcy matters, Mr. Levine’s fiduciary experience includes serving as a receiver in a federal court enforcement action brought by the Securities and Exchange Commission and as a state court receiver of rents for a highly sophisticated research laboratory building with a debt load of over 47 million dollars and a rent roll of several million dollars per year.
Mr. Levine has litigated and tried cases before juries and to the bench in federal, bankruptcy and state courts in, among other areas, commercial equipment leases, objections to bankruptcy discharges, contested Chapter 11 confirmation hearings, shareholder agreements, and environmental contamination and land development controversies. He has argued appellate cases before the United States Court of Appeals for the Second and Eleventh Circuits, the New York Court of Appeals and the Supreme Court, State of New York, Appellate Division Third Department.
Currently, Mr. Levine is a member of the Local Rules Committee for the United States Bankruptcy Court for the Northern District of New York. Previously, he served as President of the Capital Region Bankruptcy Bar Association and served as Chairperson of its Annual Conference in Cooperstown, New York, an event, which attracts national speakers. Mr. Levine served as Co-Chair of the 2005 inaugural ABA Bench – Bar Bankruptcy Conference held in Washington, D.C. Mr. Levine is also a member of the New York and District of Columbia Bar Associations, the Capital Region Bankruptcy Bar Association and the Northern District of New York Federal Court Bar Association.
Mr. Levine speaks and writes regularly on bankruptcy and loan workout related topics and contributes a chapter on bankruptcy related issues to the two volume treatise, The Plaintiff’s Personal Injury Action in New York State, Patrick Higgins - Editor, published by the New York State Bar Association.
Mr. Levine is admitted to practice in the State of New York and the District of Columbia. Among other courts, Mr. Levine is admitted to practice before the United States District Courts for all districts in New York, the United States Court of Appeals for the Second Circuit and the United States Supreme Court.
In the area of community involvement, Mr. Levine is a board member at Northeast Career Planning, a not for profit that serves individuals with disabilities or other barriers to employment to achieve their goals of self-sufficiency and personal success.
Reported decisions that are representative of Mr. Levine’s practice include:
- Securities and Exchange Commission v. Ryan and Prime Rate and Return, LLC, 747 F. Supp.2d 355 (N.D.N.Y. 2010);
- Sitler v. Saratoga Associates, 101 A.D.3d 1451, 956 N.Y.S.2d 339 (3rd Dept. 2012);
- Onbank & Trust Co. v. James P. Burr Enterprises, Inc., 235 A.D.2d 799, 652 N.Y.S.2d 802 (3rdDept. 1997);
- Diffley v. Allied Signal, 921 F2d 421 (2nd Cir. 1990);
- Levine v. Hormovitis (In re Hormovitis), No. 07-11276, Adv. Pro. No. 07-90212, slip op. at 6 (Bankr. N.D.N.Y. Apr. 27, 2009);
- In re Aquatic Development Group, Inc., 1997 WL 642984 (2nd Cir. BAP);
- Flynn v. State Ethics Com’n Dept. of State, 85 N.Y.2d 812, 631 N.Y.S.2d 288 (1995);
- Newcourt Small Business Lending Corp. v. Grillers Casual Dining Group, Inc. 284 A.D.2d 681, 727 N.Y.S.2d 699 (3rd Dept. 2001); and
- Calabro v. Sun Oil Company and King Service, Inc., 276 A.D.2d 858, 714 N.Y.S.2d 781 (3rdDept. 2000);
- Rockstone Capital, LLC v. Metal, et al, 508 B.R. 552 (E.D.N.Y. 2014);
- Gilboy v. Reukema, 14-2538-bk (2d Cir. 2015);
- Plotch v. Citibank, N.A., 27 N.Y. 3d 477 (2016).