Rudolph J. Di Massa, Jr.

Areas of Practice

• Chapter 11 and Commercial Reorganization
• Bankruptcy Law
• Insolvency Law

Representative Matters

• Represents a group of Italian citizens in a suit against Bolivarian Republic of Venezuela and Petróleos De Venezuela, S.A. to collect sums arising from defaulted payment obligations on sovereign bonds.

• Advised and defended the former president and chief executive officer of National Label, a consumer-products label manufacturer, against a myriad of claims stemming from the wind-down and sale of the company.

• Obtained an Order on behalf of the City of Reading, PA from the U.S. Bankruptcy Court for the Eastern District of PA voiding a Commonwealth Court ruling, thus allowing to stand the City's recycling user fee, which supported costs associated with the City's recycling program.

• Advised a Vietnam War Veteran, a pro bono client through the Military Assistance Project, in navigating various financial concerns brought about by medical issues.

• Obtained landmark ruling from the U.S. Bankruptcy Court for the Southern District of New York on behalf of commercial real estate landlord: court held that a debtor-tenant's "assumption" of lease agreement in bankruptcy case constituted an "affirmance" or "ratification" of the contract under state law that precluded debtor-tenant's continued prosecution of its claim for rescission of an amendment to the lease agreement.

• Represented a turnaround consultant in an adversary action for seven-figure claims for malpractice and fraudulent transfer brought by debtors A.S.K. Plastics, Inc., Jamison Plastic Corp. and 9800 Ashton Road. Obtained dismissal of case for a nominal payment. In re A.S.K. Plastics, Inc. (Bankr. E.D.Pa.).

• Represented the Italian trustee of a bankrupt U.S. software company with cases pending in Italy and the U.S.

• Represented Klausen Finanz, A.G., a Swiss finance company, in connection with the collection of secured indebtedness and negotiation of the purchase and sale of the borrower's assets.

• Represented North Philadelphia Financial Partnership, a community lending institution formed for the purpose of lending funds to start-up businesses in North Philadelphia, in a foreclosure action against a property owner and suits with various creditors.

• Represented BT Holdings NY, Inc., an affiliate of Deutsche Bank, in the chapter 11 case of Front Line Capital Group, an office and conference space operator. In re Frontline Capital Group (Bankr. S.D.N.Y.).

• Represented various Fortune 500 defendants in an action brought in the Pennsylvania state courts by the liquidator in the Reliance Group Holdings, Inc. liquidation proceedings. The liquidator sought to recover as preferences payments made to the defendants under a credit insurance policy with Reliance. Obtained summary judgment decision from the Commonwealth Court. After argument to the Pennsylvania Supreme Court, the Commonwealth Court decision was affirmed.

• Represented BMW Financial Services in connection with acquisition, construction and real estate loans made to dealerships throughout the United States and revolving automotive floor plan and lease line documents.

• Represented UniCredit Bank, Italy's largest bank, in the collection of secured indebtedness and eventual sale of loan documents in connection with a large manufacturer in New Mexico.

• Represented various hotel owners in Pennsylvania and Maryland involved in refinancing/restructuring of indebtedness.

• Represented a residential real estate developer in connection with the restructuring of an $85 million credit facility.

• Successfully concluded litigation against the Republic of Argentina on behalf of Italian investors who had purchased Argentine bonds. Our efforts resulted in payment to clients of almost 200% of their initial investment.

Admissions

• Pennsylvania
• New York
• U.S. District Court for the Middle District of Pennsylvania
• Supreme Court of Pennsylvania
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the Eastern District of Pennsylvania

Education

• University of Pennsylvania Carey Law School, J.D., 1981

Experience

• Duane Morris LLP
  - Chairman, Business Reorganization and Financial Restructuring Practice Group, 2001-2018
  - Partner, 1989-present
  - Associate, 1981-1988

Professional Activities

• American Bar Association - Business Law Section
• American Bankruptcy Institute
  - Co-Founder and Former Co-Chair, Mid-Atlantic Conference
• Pennsylvania Bar Association
• Philadelphia Bar Association
  - Business Law Section
• Eastern District of PA Bankruptcy Conference
• Commercial Law League of America
• Justinian Society

Honors and Awards

• The Legal Intelligencer Lifetime Achievement Award, 2022
• Invested as a Cavaliere of the Republic of Italy

• Listed in The Best Lawyers in America, 2012, 2014-2024

• Listed in Chambers USA: America's Leading Lawyers for Business, the Client's Guide, 2006-2023 editions

• Listed in Pennsylvania Super Lawyers

• Philadelphia Business Journal Best of the Bar: Top Lawyer 2017
• Listed in Best Lawyers Greater Philadelphia, 2016
• Selected as a Top Rated Lawyer in Commercial Litigation by the New York Law Journal and Martindale-Hubbell, 2015
• Listed in Avenue magazine's Legal Elite, 2010
• Listed in Super Lawyers, Corporate Counsel Edition, 2010
• Listed in Continental Who's Who Registry of National Business Leaders, 2006 edition
• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

• Pro Bono Attorney, Support Center for Child Advocates, Philadelphia, PA
• Pro Bono Attorney, Military Assistance Project
• Volunteer Attorney, St. Thomas More Society
• Volunteer Attorney, Archdiocese of Philadelphia
• Former Chairman, United Way Campaign Committee,
  Duane Morris LLP

Selected Publications

• Co-author, "Clarifying 'Undue Hardship': Discharge Remains Possible, but Not Easy," The Legal Intelligencer, December 22, 2022
• Co-author, "Successor Liability Claims Constitute a 'Property Interest' for Purposes of a 363 Sale in Bankruptcy," The Legal Intelligencer, November 10, 2022
• Co-author, "NJ Bankruptcy Court: Chapter 13 Debtor Lacks Standing to Bring Avoidance Action," The Legal Intelligencer, September 29, 2022
• Co-author, "In Bankruptcy, Rejection of Prepetition Contracts Is Not Automatic," The Legal Intelligencer, December 23, 2021
• Co-author, "Panel Affirms Dismissal of Bankruptcy Filed by Owners of Defunct Marijuana Company," The Legal Intelligencer, November 11, 2021
• Co-author, "Avoidance Powers Cannot Be Used to Generate Windfalls For Debtors," The Legal Intelligencer, October 7, 2021
• Co-author, "Lender's Abbreviation of Debtor's Middle Name on Financing Statements Was 'Seriously Misleading'," The Legal Intelligencer, August 12, 2021
• Co-author, "Bankruptcy Court: Chapter 7 Trustee Bound By Pre-Conversion Actions of Debtors," The Legal Intelligencer, June 25, 2021
• Co-author, "Pursuing Criminal Charges Against a Debtor May Violate Automatic Stay and Discharge Injunction," The Legal Intelligencer, May 20, 2021
• Co-author, "Plaintiffs Beware: Automatic Stay Embodied in Section 362 Is Not All-Encompassing," The Legal Intelligencer, March 29, 2021
• Co-author, "Third Circuit Establishes New Analysis for Cramdown Cases," The Legal Intelligencer, February 11, 2021
• Co-author, "What Affirmative Action Does the Bankruptcy Code's Automatic Stay Require a Creditor to Take?," The Legal Intelligencer, December 23, 2020
• Co-author, "Court Opens Door for Widespread Eligibility Under Subchapter V of Bankruptcy Code," The Legal Intelligencer, November 12, 2020
• Co-author, "10th Circ. BAP Joins Majority in Finding Section 523(a)(6) Requires Injury to Be Willful and Malicious," The Legal Intelligencer, October 1, 2020
• Co-author, "Selling a Claim Does Not 'Wash' the Claim From Disallowance Under Section 502(d)," The Legal Intelligencer, August 13, 2020
• Co-author, "Ninth Circ. Bankruptcy Appellate Panel Tackles Property and Creditor's Reach in 'Juarez'," The Legal Intelligencer, June 26, 2020
• Co-author, "First Circ.: No 'Reasonably Equivalent Value' in Exchange for Tuition Payments," The Legal Intelligencer, May 21, 2020
• Co-author, "Parent of Secured Creditor Does Not Automatically Gain Secured Status," The Legal Intelligencer, March 30, 2020
• Co-author, "Bankruptcy Court: Discharge of Student Loan Debt OK'd Under 'Brunner' Standard," The Legal Intelligencer, February 13, 2020
• Co-author, "Bankruptcy Court Denies Motion for Fee Enhancement Under 'Common Fund Doctrine'," The Legal Intelligencer, December 26, 2019
• Co-author, "Sympathy for the Debtor? Not When It Comes to Student Loans," Law.com, November 14, 2019
• Co-author, "Court: Default Judgments May be Afforded Preclusive Effect in Nondischargeability Dispute," The Legal Intelligencer, October 3, 2019

• Co-author, "Debtors May Be Able to Discharge Debts Incurred Through Willful, Malicious Injury," The Legal Intelligencer, August 15, 2019

• Co-author, "A Creditor’s Sophistication Weighs Against a Finding of Excusable Neglect," The Legal Intelligencer, June 28, 2019

• Co-author, "Limitations on the Utility of Testimony Elicited During a Section 341 Meeting," The Legal Intelligencer, May 23, 2019

• Co-author, "Court: Standby Limitation in Subordination Agreement Enforceable Under Section 510(a)," The Legal Intelligencer, April 1, 2019

• Co-author, "Bankruptcy Court Trustee Permitted to Step Into Shoes of IRS to Recover Transfer," The Legal Intelligencer, February 14, 2019

• Co-author, "Bankruptcy Court Rejects Hypothetical Preference Waiver in Critical Vendor Defense," The Legal Intelligencer, December 27, 2018

• Co-author, "Inherited IRAs Not Exempt From Bankruptcy Estate Under New York Law," The Legal Intelligencer, November 15, 2018

• Co-author, "Court: New Value Need Not Remain Unpaid to Limit Preference Liability," The Legal Intelligencer, October 4, 2018

• Co-author, "Effect of Rejected Trademark License Agreement on Rights of Use," The Legal Intelligencer, August 16, 2018

• Co-author, "For Creditors, Written Representation Is The Best Evidence," Law360, June 28, 2018

• Co-author, "Supreme Court Resolves Circuit Split on Issue of Whether Statement About a Single Asset Is One Respecting Debtor's Financial Condition," Duane Morris Alert, June 26, 2018

• Co-author, "Prepetition Setoff Not an 'Improvement in Position' Under Bankruptcy Code," The Legal Intelligencer, May 24, 2018

• Co-author, "Second Circuit Court Declines to Enforce Arbitration Clause," The Legal Intelligencer, April 2, 2018

• Co-author, "Approval of Fee Defense Provisions in Retention Agreements Post-'ASARCO'," The Legal Intelligencer, February 15, 2018

• Co-author, "Court: Debt to Paramour Obtained by Fraud Partially Nondischargeable," The Legal Intelligencer, October 6, 2017
• Co-author, "The Liquidating Fiduciary Exception and Administrative Status," The Legal Intelligencer, August 17, 2017
• Co-author, "One Contract, Indivisible, With Defenses and 'Kiwi' for All," The Legal Intelligencer, July 3, 2017
• Co-author, "Court Holds That Deposits Would Be Hypothetical," The Legal Intelligencer, May 25, 2017
• Co-author, "Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme," The Legal Intelligencer, April 4, 2017
• Co-author, "SCOTUS Prohibits Non-Consensual Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme," Duane Morris Alert, March 29, 2017
• Co-author, "Third Circuit Requires 'Make-Whole' Payments For Accelerated Bankruptcy Notes," The Legal Intelligencer, December 30, 2016
• Co-author, "Allowed, Unpaid Administrative Expense Claims to Set Off Preference Liability," The Legal Intelligencer, November 17, 2016
• Co-author, "Claim for Attorney Fees Incurred Post-Chapter 11," The Legal Intelligencer, October 6, 2016
• Co-author, "Post-Petition Interest In A Solvent Case: What Interest Rate Controls?" The Legal Intelligencer, August 18, 2016
• Co-author, "A Tale of Two States: Puerto Rico and Chapter 9," The Legal Intelligencer, June 30, 2016
• Co-author, "Ad Funds Paid to Network Not Recoverable as Fraudulent Transfer," The Legal Intelligencer, May 20, 2016
• Co-author, "Discharge Exception for Fraud by Corporate Insider Is More Broad Than Circuit Court of Appeals Had Thought," Duane Morris Alert, May 16, 2016
• Co-author, "A Valuable Tale for Creditors: Exposing the Dishonest Debtor," The Legal Intelligencer, April 1, 2016
• Co-author, "Extinguishment of Liens Through a Plan of Reorganization," The Legal Intelligencer, February 17, 2016
• Co-author, "No Discharge of Debt Arising From Willful and Malicious Injury," The Legal Intelligencer, December 18, 2015
• Co-author, "Financing Statement Filed Without Debtor's Authorization," The Legal Intelligencer, November 6, 2015
• Co-author, "Attorney Fees for Defense of Fee Applications Not Recoverable," The Legal Intelligencer, September 18, 2015
• Co-author, "'Authority' to Terminate Financing Statements Under UCC," The Legal Intelligencer, August 7, 2015
• Co-author, "Numerosity Requirement for Filing Involuntary Bankruptcy Petition," The Legal Intelligencer, June 19, 2015
• Co-author, "Ad Funds Paid to Network Recoverable as Fraudulent Transfer," The Legal Intelligencer, May 1, 2015
• Co-author, "SEC Temporary Asset Freeze Not Barred by Automatic Stay Provisions," The Legal Intelligencer, March 20, 2015
• Co-author, "Debtors May Be Denied Discharge for Inadequate Financial Records," The Legal Intelligencer, February 6, 2015
• Co-author, "Creditor's Claim for Attorney Fees Not Entitled to Secured Status," The Legal Intelligencer, December 22, 2014
• Co-author, "'Loan-to-Own' Strategy May Lead to Limitation on Credit-Bidding," The Legal Intelligencer, September 19, 2014
• "District Court Clarifies Distinction Between Burdens of Proof on Stay Relief and Adequate Protection in American Airlines Bankruptcy," Duane Morris Alert, May 3, 2013; republished in Bankruptcy Law360 and New York Law360, May 13, 2013
• Co-author, "Supreme Court to Address Circuit Split Over 'Defalcation' Meaning," The Legal Intelligencer, November 16, 2012
• Co-author, "Supreme Court Addresses Circuit Split Over Cramdown Plans Precluding Credit Bidding," The Legal Intelligencer, May 22, 2012
• Co-author, "Harrisburg Filing Tests the Boundaries of Chapter 9," The Legal Intelligencer, November 23, 2011
• Co-author, "Fifth Circuit Expands Documents Applicable to Determining Claim Preservation," The Legal Intelligencer, August 26, 2011
• Co-author, "Court Limits a 'Self-Settling Trust or Similar Device' to an Express Trust," The Legal Intelligencer, May 20, 2011
• Co-author, "District Court Reigns in Significantly Expanded "Good Faith" Inquiry Obligation Under § 548(C) of The Bankruptcy Code," accepted for publication in the Norton Journal of Bankruptcy Law & Practice (Volume 20, Issue 2, April 2011)
• Co-author, "Trustee's Fraudulent Transfer Complaint Survives Motion to Dismiss," The Legal Intelligencer, February 23, 2011
• Co-author, "Court: Bankruptcy Schedules Don't Provide Constructive Notice to Trustee," The Legal Intelligencer, September 17, 2010
• Co-author, "Court: Loan Payments Outside Ordinary Course of Business Preferential," The Legal Intelligencer, June 24, 2010
• Co-author, "Third Circuit's Credit-Bid Decision's Impact upon Secured Lenders," Duane Morris Alert, March 25, 2010
• Staff Writer, The Legal Intelligencer, December 2000 to present - Bankruptcy Update Article (approximately every six weeks)
• Co-author, "Failure to Amend Claim Can Violate Bankruptcy Equivalent to Rule 11," The Legal Intelligencer, March 19, 2010
• Co-author, "Date of Incurrence of Debt Critical to Setoff Determination," The Legal Intelligencer, March 5, 2010
• Co-author, "Despite Failure of Trustee's Arguments, Debtor's Principal Personally Liable," The Legal Intelligencer, January 4, 2010
• Co-author, "UCC 'Goods' Definition Applies to Section 503(b)(9) of Bankruptcy Code," The Legal Intelligencer, August 7, 2009
• Profiled by Law 360, June 26, 2009
• Co-author, "Offset of Non-Estate Property Constitutes Willful Violation of Automatic Stay," The Legal Intelligencer, May 1, 2009
• Co-author, "Insurer-to-Insured Payment Not Antecedent Debt, Pa. High Court Rules," The Legal Intelligencer, March 20, 2009
• Co-author, "High Court Takes Pass on Circuit Split Over Defalcation Case," The Legal Intelligencer, February 6, 2009
• "Pennsylvania Supreme Court Recognizes an "Ordinary Course of Business" Exception to Preference Actions Brought by Liquidator of Reliance Insurance Company," Duane Morris Alert, March 2, 2009
• Co-author, "Lapse of Notices of Federal Tax Liens Doesn't Void Underlying Liens," The Legal Intelligencer, December 19, 2008
• Co-author, "Decision Issued Over Bankruptcy Court's Power to Impose Sanctions," The Legal Intelligencer, November 7, 2008
• Co-author, "Transfer Tax Exemption Only Applies to Post-Confirmation Asset Transfers," The Legal Intelligencer, August 1, 2008
• Co-author, "Court Imposes $650,000 in Sanctions on Lender, Servicer and Counsel," The Legal Intelligencer, June 6, 2008
• Co-author, "Bankruptcy Court Decides Indemnification Claims Against Debtors' Directors, Officers," The Legal Intelligencer, April 18, 2008
• Co-author, "Assumption and Assignment of IP License Agreements in Bankruptcy: Circuit Split Continues," ABI Journal, March 2008
• Co-author, "A Cautionary Tale: The Crime of Concealing Assets in Bankruptcy," The Legal Intelligencer, October 5, 2007
• Co-author, "A Split in the Circuits Over Assumption of an Executory Contract," The Legal Intelligencer, August 31, 2007
• Co-author, "Collateral Fractionalizing and the Risk of Hidden Interests," The Legal Intelligencer, April 13, 2007
• Co-author, "A Look at the 'Realist' Underpinnings Of the Uniform Commercial Code," The Legal Intelligencer, June 22, 2007
• Co-author, "Claim Traders Beware: When Equitable Subordination Applies," The Legal Intelligencer, January 6, 2006
• Co-author, "IRS Allowed to Offset Debtors' Tax Overpayment Against Unpaid Debt," The Legal Intelligencer, December 2, 2005
• Co-author, "Is the Insolvency Pendulum Swinging Back in the Lender's Favor?" The Legal Intelligencer, May 20, 2005
• Co-author, "Preliminary Injunction May Issue to Preserve Assets in Adversary Proceeding," The Legal Intelligencer, April 15, 2005
• Co-author, "Channeling injunction will not apply to nondebtors," The Legal Intelligencer, March 7, 2005
• Co-author, "Claim Sounding In Breach of Contract May Not Be An Unsecured Claim," The Legal Intelligencer, November 7, 2003
• Co-author, "Mickowski v. Visi-Trak Worldwide and Successor Liability," The Legal Intelligencer, August 27, 2004
• "Deepening Insolvency Concerns Secured Lenders in Bankruptcy," The Legal Intelligencer, October 3, 2003
• "Do Pre-Confirmation Real Estate Transfers Qualify for Tax Exemption?" The Legal Intelligencer, July 25, 2003
• "Creditor's Accounts Receivable Rights Upheld Security Interest Survives Dissolution of 'A Civil Action' Firm," New Jersey Law Journal, April 14, 2003
• "Interpretation Prohibits Cancellation Of FCC Licenses for Non Payment," The Legal Intelligencer, April 4, 2003
• Co-author, "Indemnifying Financial Adviser for Negligence Claim 'Reasonable'," The Legal Intelligencer, February 28, 2003
• "Bankruptcy Court May Enjoin Non-Consenting Creditors' Claims," The Legal Intelligencer, November, 8, 2002
• "Pre-Petition Employee 'Stay-on Benefits' Not Entitled to Administrative Priority," The Legal Intelligencer, October 4, 2002
• "Can Chapter 13 Debtors Modify Plans to Surrender Cars?" The Legal Intelligencer, August 23, 2002
• "9th Circuit: Some Attorneys Are Deluded," The Legal Intelligencer, July 19, 2002
• "Property Held in Trust and Commingled Funds," The Legal Intelligencer, March 29, 2002
• "11th Circuit Tackles Handling of Attorneys' Fees," The Legal Intelligencer, January 18, 2002
• "Latecomer Can't Reopen Closed Chapter 11 Case," The Legal Intelligencer, December 14, 2001
• "4th Circuit Approves Prepayment of Mortgages," The Legal Intelligencer, May 11, 2001
• "Debtor Obligated to Protect Assets Held in Escrow," The Legal Intelligencer, April 6, 2001
• "Court Gives Practitioners a Lesson on Rule 7004," The Legal Intelligencer, March 2, 2001
• "How Long is the Reach of Section 544(b) and UFTA Over Assets Transfers Between Husband, Wife?" The Legal Intelligencer, January 26, 2001
• "Does Bankruptcy Code Section 1329 Allow a Debtor to Modify a Chapter 13 Plan?" The Legal Intelligencer, December 15, 2000

Selected Speaking Engagements

• Moderator, Duane Morris LLP Annual Fall Finance and Restructuring Seminar, October 6, 2022
• Speaker, "Effective Use of Mediation in Bankruptcy," Eastern District of PA Bankruptcy Conference Annual Forum, Philadelphia, April 1, 2022 
• "Officer and Director Liability," Pennsylvania Bar Institute's Officer and Director Liability Seminar, Milford, Pennsylvania, August 30, 2010
• International Conference, Cologne, Germany, 2014, Sales of Assets through Bankruptcy
• "Commercial Lending Requirements and Loan Documentation in Pennsylvania," Lorman Education Services, Philadelphia, Pennsylvania, October 23-24, 2001; October 23-24, 2002; October 23, 2003; October 28, 2004
• Università degli Studi di Urbino, September 27-28, 2002, American Bankruptcy Overview