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Jon practices in business insolvencies in all types of industries, including manufacturing and retail. He has a special concentration in real estate reorganizations. He argued the seminal case in the Court of Appeals for the Third Circuit concerning assignments of rents in real estate Chapter 11 proceedings, Jason Realty. In Jason Realty, the Third Circuit Court of Appeals held that an assignment of rents under New Jersey law was an absolute assignment, rather than a collateral assignment. If a debtor with income from the rental of real property defaulted pre-petition on the bank debt secured by the assignment of rents, the rents belonged to the bank and could not be used by the debtor in its post-petition operations or to fund a plan of reorganization. This holding had a significant impact on the reorganization of real estate chapter 11 debtors in New Jersey.
Areas of Practice:
Business Reorganization & Restructuring
Health Care Law
Jon also has extensive experience in all aspects of healthcare restructuring, including hospitals, group medical practices, and nursing homes. He represented the State of New Jersey in various healthcare matters including the NJ HIP liquidation. In the NJ HIP liquidation, administered by the New Jersey Chancery Court in Middlesex County, New Jersey HIP’s managing agent filed bankruptcy in the Bankruptcy Court for the District of Delaware. Notwithstanding the bankruptcy, Jon was able to have the assets of the company brought within the jurisdiction of the New Jersey Chancery Court for administration, thereby facilitating a more orderly liquidation while insuring continued health care for over 25,000 New Jersey residents.
Jon also served as acting counsel to the New York State Higher Education Services Corporation, a guarantor of student loans and provider of tuition assistance and scholarships. As acting counsel, he litigated the undue hardship exception to the rule of non-dischargeability of student loans. In addition, he pursued the regulatory objectives of the State of New York when approved schools filed bankruptcy, and he litigated the effect of the anti-discrimination provision of Section 525 of the bankruptcy code.
While in law school Jon served as a law clerk with the New York State Board of Equalization and Assessment specializing in real property tax matters.
Jon has been an adjunct professor at Rutgers University School of Law in Newark for the past 23 years. He teaches Bankruptcy, Business Associations, and Articles 2, 3, 4 and 9 of the Uniform Commercial Code, and is a former adjunct professor at the New York University paralegal program. He lectures also for the New Jersey Institute for Continuing Education (ICLE), the National Bankruptcy Institute, the Essex County Bar Association, and the New Jersey State Society of Certified Public Accountants.
Jon is a strong supporter of arts organizations in New Jersey. He is actively involved in alumni matters for his high school and college, supplying academic grants for faculty and scholarships for students. Jon also identifies and schedules guest speakers for the continuing education of his fellow alumni.