Skip to main content

Overview

Overview

Veteran strategist in commercial litigation and high-stakes financial restructuring.

Paul H. Aloe is a Partner at Kudman Trachten Aloe Posner LLP and chairs both the firm’s Litigation and Bankruptcy Departments.

Mr. Aloe has litigated a wide variety of issues in both state and federal court, with a focus on commercial cases. He takes on many difficult litigation problems that at first blush may seem impossible to solve. 

He is an experienced trial lawyer and has tried many cases in federal and state courts and has no hesitancy to take a case to trial or pursue an appeal. However, he also recognizes that cost is often a significant factor in litigation and, where possible, maps out a strategy for prompt and efficient resolution of cases either through motion practice or negotiation. 

A significant portion of Mr. Aloe’s practice is focused on bankruptcy and corporate restructuring law, with a particular focus on the successful restructuring of closely held businesses. In addition, Mr. Aloe has handled groundbreaking cases concerning bankruptcy law, employment law, art law and real estate. 

Mr. Aloe is the past chair of the New York State Bar Association Committee on Civil Practice Law and Rules and was a member of the North Hempstead Zoning Board of Appeals for approximately twenty years. He has helped craft numerous provisions in New York statutes covering New York procedure.

Mr. Aloe is an accomplished triathlete and marathoner, having completed over 70 marathons. He is a New York City Marathon Streaker (30 consecutive finishes).

Education

  • B.A., George Washington University, with honors
  • J.D., Hofstra University School of Law, with honors, salutatorian

Clerkship

Mr. Aloe is a former confidential law clerk of the New York Appellate Division, Third Department.

Admissions

  • New York
  • New Jersey
  • Pennsylvania
  • United States Supreme Court
  • U.S. Courts of Appeals (Second, Third, Fourth, Seventh, Eleventh)
  • U.S. District Courts — Eastern, Southern, Northern, Western Districts of New York; Districts of Connecticut, Eastern and Western Districts of Pennsylvania; District of Columbia; Western District of Texas

Experience

Focus Areas

  • Commercial litigation and trial practice
  • Corporate bankruptcy and financial restructuring
  • Distressed real estate
  • Real estate and land use disputes
  • Employment-related litigation and constitutional claims
  • Art law litigation

Representative Matters

  • Led litigation in state and federal court across a range of commercial disputes, including contract, business torts, and governance matters.
  • Structured and executed bankruptcy reorganizations for closely held businesses, navigating creditor relationships and operational restructuring.
  • Represented parties in high-profile employment and civil rights matters brought by national organizations.
  • Managed complex land use, zoning, and constitutional disputes involving business and municipal interests.

Honors & Awards

Professional Memberships

  • Past Chair, New York State Bar Association Committee on Civil Practice Law and Rules
  • Member, North Hempstead Zoning Board of Appeals for 20 years
  • Current Member, New York State Bar Association Committee on Technology and the Legal Profession

Achievements

  • AV® Preeminent™ Peer Review Rated, Martindale-Hubbell®
  • Super Lawyers, New York Metro Area (2007, 2008, 2010, 2011, 2013-2026)

Publications & Media

Mr. Aloe contributes to legal literature and practice materials. He holds a role on the editorial board of Weinstein-Korn-Miller and has produced practical guides for legal professionals and struggling businesses alike. His authorship through the decades reflects a sustained engagement with the evolution of litigation and procedural law through the arrival of new technologies and precedents.

Selected Publications:

  • Bankruptcy, an Unexpected Lifeline, The National Provisioner, Oct 2021
  • Served on Editorial Board, Weinstein-Korn-Miller (leading treatise on New York Practice)
  • Internet Guide for Lawyers (Published by New York Bar Association)
  • “Rethinking New York’s Summary Judgment Procedures,” 65 New York State Bar Journal, May/June 1993
  • Author of Syracuse Law Review annual civil practice review, 1996-2010
  • Associate Editor, Hofstra Law Review (1982–1983)
  • New Commencement by Filing Law: A Practitioner’s Survival GuideNew York Law Journal, June 26, 1992.
  • Revamping, Motions to Reargue or Renew” New York Law Journal, October 1, 1999.
  • “Dire Warning About E-Mail Communications” — New York Law Journal, December 12, 2007.
  • “New CPLR Amendments Alter Rules for Filing Papers” New York Law Journal, September 12, 2007.
  • “Unraveling Libel Tourism” — New York Law Journal, June 18, 2008. 
  • “Who Is Responsible When Your Website Is Not ADA Compliant?” — American Bar Association, January 24, 2023. 

Sampling of Cases

  • In re Michael Stapleton Associates Ltd.  Lead counsel in nationwide class action for underpayment of wages to security K9 handlers
  • Weiboldt Stores v. Schotenstein, whether leveraged buyout of a public company subjects shareholders to avoidance liability where company thereafter files bankruptcy
  • Trump v. Riklis. Defending Billionaire Against Trump effort to pierce corporate veil
  • Matter of Arbitration between Bret Ackerman and Odeon Capital Group. Finera Award for MBS Broker
  • Securities Investor Protection Group v. Bernard Madoff Inv. Securities. Defending Madoff securities customers against Trustee clawback claims
  • In Re Cruisephone. Represented Chapter 11 debtor in restructuring, successful sale of assets
  • In Re Blades Board and Skate, LLC. Represented Chapter 11 retailer in reorganization in face of hostile secured lender
  • In Re CSI Incorporated, Repreented Chapter 11 debtor with respect to high tech equipment located in major sports stadiums
  • San Juan Music Group, LTD and Catalogue Music, LTD., Represented party holding music rights in seller’s bankruptcy
  • In re Brunswick Hospital., represented principle secured lender in hospital Chapter 11
  • Whitney Info v. Weiss. Variety of suits in different states and different companies, including RICO and defamation over failed hotel project in Costa Rica
  • Phifer v. City of New York, Civil Rights Suit against child protection agency
  • In Re Lionel Leisure, Inc. Second Circuit case, effect of bankruptcy on commercial mechanics liens
  • In Re Celotex, Represented major asbestos defendant in claim for indemnification with respect to asbestos liability
  • Rapid-American Corporation Litigation. Represented asbestos defendant throughout United States with respect to personal jurisdiction issues
  • Haberman v. Zoning Bd. of Appeals of City of Long Beach. Representing City Zoning Board and its members in claim for violating developer’s constitutional rights
  • Matter of Hutterian Brethren in New York, Inc. v Town of Hunter, religious tax exemptions
  • Wall v. Altium Group, LLC. (Third Circuit Court of Appeals). Liability of party selling structured settlement contract where the underlying contract was fraudulently transferred
  • World Wide Power Industries, Inc. v. Azzara, right of selling shareholder to compete with corporation where bank of corporation exercises right to direct no payments to previous shareholder
  • McCrory Corp. v. Fowler,  employment civil rights
  • In re Mid-Atlantic Handling Systems, LLCChapter 11 counsel major forklift dealer in Chapter 11 reorganization
  • MILMIC Doctor Litigation. Represented doctors in a multitude of suits concerning entitlement to proceeds of demutualization of medical malpractice insurer
  • Poses v. Simons. Represented defendants in theft of trade secrets case
  • Talbot v. Mariatte Corp. Represented company in securities law class action suit
  • Witte v. Zale Holding Corp, represented defendants in securities class action suit
  • Bluewater Funding, Inc. v. Palmer, First electronically filed case in the State of New York (11/22/2020)

Our commercial law practice serves business enterprises, large and small, global and local.

News
In The News