Richard H. Golubow

Richard H. Golubow

[email protected] | 949.720.4135 direct | vcard

Richard H. Golubow is a founder and managing partner of Winthrop Golubow Hollander, LLP. Richard devotes his practice to and has extensive experience in the areas of Chapter 11 reorganizations, complex bankruptcy litigation, liquidations, out-of-court workouts, acquisitions and sales of distressed assets, Uniform Commercial Code Article 9 foreclosure sales, general assignments for the benefit of creditors, and receiverships. Richard has also been consulted and retained as a bankruptcy, insolvency and financial restructuring expert, and formally designated as a bankruptcy law expert on several occasions.

Richard understands that the law is a means to accomplish his clients’ business and personal objectives, not an end in itself. He listens to his clients and takes the time to learn about and understand his clients’ business as well as their needs to effectively provide customized, innovative, responsive and cost-effective legal solutions. For example, Richard places great emphasis on proactively counseling clients to identify and manage cash flow and insolvency risks posed by customers, vendors, landlords, and other counterparties to all types of contracts including purchase and sales agreements, real and personal property leases, franchise and intellectual property licenses, loan agreements, guaranties and employment contracts.

Richard has a diverse client base that includes representation of debtors, creditors, creditor committees, bankruptcy trustees, assignees for the benefit of creditors, receivers and asset purchasers in a wide range of industries, including retail, consulting, manufacturing, distribution, importing, construction, entertainment, education, religious and other non-profit institutions, fitness, financial services, healthcare, hospitality, real estate, automotive, agriculture, golf and country club, biotech, transportation, telecommunications and internet businesses, and multi-level marketing.

Richard has been frequently honored and recognized for his work in the financial restructuring field as the recipient of bankruptcy or financial restructuring attorney of the year awards by several leading national and international financial publications and organizations. The awards collectively recognize success and excellence, expertise, service, achievement and innovation as chosen by industry peers. For example, Richard was awarded the 2017 Professional Services (B-to-B) “Deal of the Year” award for an out-of-court restructuring of a company, that resulted in the company’s reduction of its senior secured debt by 75% and overhead costs by approximately 50% through elimination and consolidation of management, operations and administrative positions, while saving the jobs of approximately 200 employees.

Richard served as judicial law clerk to the Honorable John J. Wilson, United States Bankruptcy Judge, Central District of California, Santa Ana Division. Born and raised in Brooklyn, New York, Mr. Golubow is a graduate of the State University of New York at Albany, Albany, New York (B.S., Cum Laude, 1985) and Southwestern Law School, Los Angeles, California (J.D., 1992).

Awards and Honors

  • Selected as a 2019 “Top 50” Super Lawyer for Orange County, California
  • Recognized by The Best Lawyers in America© for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
  • Recipient, Professional Services (B-to-B) Deal of the Year Award, M&A Advisor, 11th Annual Turnaround Awards and 2017 Distressed Investing Summit
  • Selected as a 2018 “Top 50” Super Lawyer for Orange County, California
  • Selected as a 2017 “Top 50” Super Lawyer for Orange County, California
  • Lawyer International Magazine Award as Bankruptcy Attorney of the Year in California (2017)
  • ACQ (Acquisition Finance) Magazine Law Award and Global Award as Bankruptcy Attorney of the Year in California (2017)
  • Perennial “AV Preeminent” (5.0 out of 5.0) Peer Rating, Martindale-Hubbell’s highest peer recognition, generated from evaluations by other members of the bar and the judiciary for legal ability and ethical standards (2004-present)
  • Rated “superb” (10 out of 10) by AVVO, a leading independent attorney rating service
  • Perennial selection as a Super Lawyer, representing the top 5% of practicing attorneys in Southern California based on peer recognition and professional achievement
  • ACQ (Acquisition Finance) Magazine Law Award and Global Award as Bankruptcy Attorney of the Year in California (2016)
  • M&A Today Magazine Global Award as Bankruptcy Attorney of the Year in California (2016)
  • Corporate LiveWire Innovation & Excellence Awards for Excellence in Bankruptcy Law (USA)(2016)
  • Global Law Experts Award as Bankruptcy Attorney of the Year in California (2015)
  • Finance Monthly Global Awards as Bankruptcy Attorney of the Year in California (2015)
  • Corporate INTL Magazine Global Award as Bankruptcy Attorney of the Year in California (2015)
  • ACQ (Acquisition Finance) Magazine Global Award as Bankruptcy Attorney of the Year in California (2015)
  • Corporate LiveWire Global Award as Bankruptcy & Restructuring Lawyer of the Year in Newport Beach, California (2015)
  • Corporate INTL Magazine Global Award as Bankruptcy Attorney of the Year in California (2014)
  • ACQ (Acquisition Finance) Magazine Global Award as Bankruptcy Attorney of the Year in California (2014)
  • Corporate LiveWire Global Award as Bankruptcy & Restructuring Lawyer of the Year in Newport Beach, California (2014)

 

SPEAKING ENGAGEMENTS/PUBLISHED WORKS

  • Education Co-Chair, California Bankruptcy Forum 31st Annual Insolvency Conference, May 17-19, 2019
  • Author, Local Bankruptcy Rules: California (C.D. Cal.), a Practice Note summarizing selected local rules of the US Bankruptcy Court for the Central District of California, Thomson Reuters (Updated 2019)
  • Panelist, Bankruptcy & Restructuring 2018 Virtual Round Table, Corporate LiveWire, December 2018
  • Author, Borrower Beware of the Loan Forbearance Agreement, Orange County Business Journal, November 19-25, 2018
  • Producer and Moderator, The Travails of the Western Homestead-Section 724 and Priority Non-Dischargeable Debt, California Bankruptcy Forum 30th Annual Insolvency Conference, May 19, 2018
  • Author, Safe No More: US Supreme Court Holds that a Financial Institution Conduit Does Not Provide “Safe Harbor” Protection for Securities-Related Transfers Under the Bankruptcy Code, Corporate LiveWire Bankruptcy & Restructuring Expert Guide, May 2018
  • Panelist, Bankruptcy Essentials Every Lawyer Should Know, Orange County Bar Association, Solo Practitioner/Small Firm Section, January 18, 2018
  • Author, Local Bankruptcy Rules: California (C.D. Cal.), a Practice Note summarizing selected local rules of the US Bankruptcy Court for the Central District of California, Thomson Reuters (2018)
  • Author, Borrowing From or Lending to Your Business-Owners Beware, Orange County Business Journal, November 2017
  • Panelist, Bankruptcy & Restructuring 2017, Corporate LiveWire, November 2017
  • Panelist, Chapter 11–Recent Developments and Confirmation Issues, Orange County Bar Association, Commercial Law & Bankruptcy Section, June 20, 2017
  • Panelist, UCC Article 9: Navigating Secured Transactions in 2017 and Beyond, The Knowledge Group Webcast, June 15, 2017
  • Author, Is US Retail Doomed, Corporate LiveWire Bankruptcy & Restructuring Expert Guide, June 2017
  • Panelist, The Anatomy of a Successful Award Winning Out-of-Court Restructuring, Harvard Business School Association of Orange County-Leadership Series, May 18, 2017
  • Moderator, A Penny for Your Thoughts: Insights into the Professional Retention and Compensation Process, American Bankruptcy Institute’s 25th Annual Bankruptcy Battleground West Conference, March 21, 2017
  • Panelist, Bankruptcy & Restructuring Roundtable, Financier Worldwide Magazine, December 2016
  • Author, Corporate Principles for Thriving and Avoiding Bankruptcy, Orange County Business Journal, November 2016
  • Panelist, Receiverships, Assignments and Other Bankruptcy Alternatives: What’s the Best Way Out?, The Knowledge Group Webcast, September 22, 2016
  • Panelist, Commercial Bankruptcy, Workouts and the Valuation Process, Southern California Chapter of the Appraisal Institute Summer Conference, July 12, 2016
  • Panelist, Bankruptcy & Restructuring Annual Review 2016, Financier Worldwide Magazine, June 2016
  • Author, Delaware Bankruptcy Courts Reject Attempts to Work Around Baker Botts, Corporate LiveWire Bankruptcy & Restructuring Expert Guide, April 2016
  • Author, Corporate Principles for Thriving and Avoiding Bankruptcy, Orange County Business Journal, November 2015
  • Panelist, Bankruptcy & Restructuring 2015, Corporate LiveWire, November 2015
  • Panelist, Bankruptcy in the Americas Roundtable, Financier Worldwide Magazine, September 2015
  • Interviewed about corporate bankruptcy and financial restructuring on Your Money Talks radio show, host Jerry Slusiewicz, KLAA am 830 in Southern California, September 13, 2015
  • Panelist, Bankruptcy & Restructuring Annual Review 2015, Financier Worldwide Magazine, June 2015
  • Interviewed about corporate bankruptcy and financial restructuring on Exit Coach Radio, host Bill Black, on The Exit Coach Network (exitcoachnetwork.com), June 11, 2015
  • Author, Use of the Common Interest Doctrine in Bankruptcy Cases, Corporate LiveWire Bankruptcy & Restructuring Expert Guide, March/April 2015
  • Moderator, Comparative Analysis of Receiverships, Bankruptcies and Assignments for the Benefit of Creditors, California Receivers Forum Loyola VI Conference, January 23, 2015
  • Interviewed about corporate bankruptcy and financial restructuring on Your Money Talks radio show, host Jerry Slusiewicz, a Bloomberg radio affiliated program (KSPA am 1510 in Los Angeles/Orange County/Inland Empire and KFSD am 1450 in North San Diego), January 5, 2015
  • Author, Strategic Alternatives for Financially Troubled or Distressed Companies, Orange County Business Journal, November 17, 2014
  • Panelist, Bankruptcy in the Americas Roundtable, Financier Worldwide Magazine, September 2014
  • Interviewed on Commercial Real Estate Radio (creradio.com), host Howard Kline, about Commercial Real Estate Bankruptcy – What You Need to Know, April 4, 2014
  • Interviewed on Commercial Real Estate Radio (creradio.com), host Howard Kline, about Investing in Distressed Real Property in Bankruptcy, February 13, 2014
  • Panelist, But I Thought We Were Safe: Are Priority Claims and Legacy Employee Liabilities at Risk in a 363 Sale?, American Bankruptcy Institute’s 25th Annual Winter Leadership Conference, December 7, 2013
  • Panelist, War of the Roses, The Impact of Divorce Proceedings on Business and Personal Bankruptcy Cases, California Bankruptcy Forum’s 25th Annual Insolvency Conference, May 18, 2013
  • Panelist, US Bankruptcy Roundtable, Financier Worldwide Magazine, October 2012
  • Education Co-Chair, California Bankruptcy Forum 24th Annual Insolvency Conference, May 18-20, 2012
  • Panelist, Bankruptcy Reorganization Plan Strategies: Debt Reinstatement and Indubitable Equivalent; Strategies for Debtors, Lenders and Creditors Proposing or Opposing a Plan of Reorganization, Strafford Legal Webinars, September 7, 2011
  • Panelist, US Bankruptcy Roundtable, Financier Worldwide Magazine, October 2010
  • Panelist, Planning for and Surviving the First Weeks of a Turnaround: Key Issues Facing Insolvency Professionals During the Initial Stages of a Turnaround, California Bankruptcy Forum 21st Annual Insolvency Conference, May 17, 2009
  • Panelist, US Automotive Sector Roundtable, Financier Worldwide Magazine, February 2009

 

Professional Affiliations

  • Member, International Network of Boutique Law Firms (INBLF), an invitation only network of lawyers from single-discipline boutique law firms with the highest level of knowledge, experience, reputation and credentials comparable or superior to what can be found at the highest-ranking full-service law firms
  • Advisory Board Member, Bankruptcy Battleground West, American Bankruptcy Institute
  • Member, ProVisors ®,  a community of professionals who serve their clients as trusted advisors and share the highest standards of integrity, performance and accountability
  • Member, Orange County Bar Association-Commercial Law and Bankruptcy Section
  • Member, Orange County Bankruptcy Forum
  • Member, Financial Lawyers Conference
  • Former member of the Bankruptcy Editorial Advisory Board, Law 360

Practice Areas

  • Chapter 11 Reorganizations
  • Complex Bankruptcy Litigation
  • Liquidations
  • Out-of-Court Workouts
  • Uniform Commercial Code Article 9 Foreclosure Sales
  • General Assignments for the Benefit of Creditors
  • Receiverships

Education

  • Southwestern School of Law, Los Angeles, California, (J.D., 1992; Recipient, American Jurisprudence Award in Civil Procedure)
  • State University of New York at Albany, Albany, New York (B.S., Cum Laude, 1985; Dean’s List of Distinguished Students; Who’s Who Among Students in American Universities and Colleges)

Admissions

  • California Supreme Court
  • U.S. District Court, Central District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Eastern District of California
  • U.S. Court of Appeals, Ninth Circuit

Professional License

Real Estate Broker, State of California, Department of Real Estate, 1993