Contact Info
Email: gjubber@fabianlaw.com
Direct Line: 801-323-2245
Fax: 801-596-2814

Gary E. Jubber

Gary Jubber graduated magna cum laude from Brigham Young University in 1976 with a Bachelor of Arts degree. He attended the J. Reuben Clark Law School and the Graduate School of Management at Brigham Young University, graduating in 1980 with a Juris Doctorate, cum laude, as well as a Masters degree in Business Administration. He was a member of the Brigham Young University Law Review from 1978 to 1980, and served on the Board of Editors. He authored the casenote entitled "Double Jeopardy -- Government's Right to Appeal a Mid-Trial Dismissal," 1978 BYU Law Review 742.

After joining Fabian in 1981, he became involved in the firm's commercial litigation and bankruptcy practice, and also worked in construction-related litigation. Gary also has extensive experience representing secured and unsecured creditors, debtors and debtors-in-possession, and chapter 7 and 11 trustees in complex bankruptcy cases. He is currently a Panel Trustee for the United States Bankruptcy Court for the District of Utah and has served as a trustee in thousands of bankruptcy cases since his appointment in 1996. He was chairman of the bankruptcy section of the Utah State Bar from 1991-92. Gary has also served as a member of the Bankruptcy Rules Committee for the United States Bankruptcy Court for the District of Utah. Reported decisions include: In re Jensen Farley Pictures, 47 B.R. 557 (Bkrtcy D.Ut. 1985); In re J.R. Research, 65 B.R. 747 (Bkrtcy. D.Ut. 1986); In re Coal-X '76, 103 B.R. 276 (D.Ut. 1988); 881 F.2d 865 (10th Cir. 1989); In re Granada, Inc., 88 B.R. 369 (Bkrtcy. D.Ut. 1988); Billings v. Cinnamon Ridge, Ltd., 92 B.R. 501 (Bkrtcy. D.Ut. 1988), 103 B.R. 276 (D.Ut. 1988); 881 F.2d 865 (10th Cir. 1989); In re West Side Property Associates (Federal Certification), 2000 UT 85, 407 Ut. Adv. Rpts. 9 (Ut. 2000).

Practice Areas
Professional
Representative Projects
Education
Publications & Presentations
Community Service

Attorney and Shareholder, Fabian & Clendenin, 1981-Present
Chairperson, Fabian & Clendenin Bankruptcy Practice Group, 1995-Present
Director, Fabian & Clendenin Board of Directors, 1991-1993
Member, Panel of Trustees, United States Bankruptcy Court for District of Utah, 1996-Present
Recognized in The Best Lawyers in America in the field of Bankruptcy and Creditor-Debtor Rights Law
Recognized as "Outstanding" in the field of Bankruptcy Law, Utah Business Magazine, Utah Legal Elite
Recognized in Mountain States Super Lawyers as among the top bankruptcy lawyers in the state of Utah
Rated AV by Martindale Hubbell
Member, 1982-Present; Chairman, 1991-1992; Bankruptcy Section of Utah State Bar Association
Member, ABA Litigation Section Committees on Creditors' Rights Litigation and Commercial and Bankruptcy Litigation
Admitted to Utah State Bar and U.S. District Court, District of Utah, 1980; U.S. Court of Appeals, Tenth Circuit, 1980; Supreme Court of the United States, 1998
Reported decisions include: In re Jensen Farley Pictures, 47 B.R. 557 (Bkrtcy D.Ut. 1985); In re J.R. Research, 65 B.R. 747 (Bkrtcy. D.Ut. 1986); In re Coal-X '76, 103 B.R. 276 (D.Ut. 1988); 881 F.2d 865 (10th Cir. 1989); In re Granada, Inc., 88 B.R. 369 (Bkrtcy. D.Ut. 1988); Billings v. Cinnamon Ridge, Ltd., 92 B.R. 501 (Bkrtcy. D.Ut. 1988), 103 B.R. 276 (D.Ut. 1988); 881 F.2d 865 (10th Cir. 1989); In re West Side Property Associates (Federal Certification), 2000 UT 85, 407 Ut. Adv. Rpts. 9 (Ut. 2000).

Gary Jubber acted as the Chapter 11 Trustee in a large case involving disputed ownership of a domain name worth several million dollars. After a lengthy trial involving competing Chapter 11 plans, Mr. Jubber was able to confirm a Chapter 11 plan that resulted in full payment, plus interest, to all priority and unsecured creditors. The plan contemplated continued prosecution of an Adversary Proceeding regarding the ownership of the domain name. The trial of the Adversary Proceeding took approximately twenty days and is presently under advisement.
Mr. Jubber represented a construction and excavation company in successfully reorganizing in Chapter 11. The case was filed on the eve of a threatened foreclosure of a gravel pit which was a principal asset of the Debtor. Mr. Jubber was able to obtain court approval for the sale of the gravel pit which paid a number of creditors, including the secured creditor threatening foreclosure, and then confirm a successful plan which saved the company.
Appointed as the trustee of the bankruptcy estate for a company that had assembled and sold computer inventory and components, with a large shareholder derivative claim against the debtor's principal and related entities, Mr. Jubber was able to successfully negotiate the sale of the claim, as well as the inventory, at a price that allowed a 100% distribution to all creditors of the estate, plus interest, and also made a significant distribution to shareholders.
Mr. Jubber was lead counsel for a manufacturer of plastic products, as well as thermoformer of plastic roll stock. Prior to filing for bankruptcy, the former management had relinquished control of the company and several actions had been filed threatening the company's ability to remain in business. Mr. Jubber was able to successfully negotiate cash collateral agreements with the company's secured creditors. He was also able to formulate a plan of reorganization which provided for some payment to unsecured creditors, and still sufficiently reduced the debtor's liabilities to attract new investment capital. The plan of reorganization was confirmed, and the debtor successfully reorganized.
Granada was a real estate syndication firm which acted as a general partner in approximately 80 limited partnerships. Shortly after it filed for Chapter 11 relief in February, 1987, a Chapter 11 trustee was appointed. Mr. Jubber acted as lead counsel for the trustee. The case was a tangled web of partnerships and affiliated entities. Partnership assets had been commingled and records had not been properly maintained. The principal shareholder and president went to prison for his misconduct. Certain partnerships were consolidated with the estate. A plan of reorganization was confirmed enabling the trustee to liquidate the estate and pay a significant distribution to unsecured creditors. The case involved prosecuting numerous preference and fraudulent conveyance adversary proceedings as well as a host of other contested matters.

J.D., Cum Laude, J. Reuben Clark Law School, Brigham Young University, April, 1980; Board of Editors, B.Y.U. Law Review
MBA, Graduate School of Management, Brigham Young University, April, 1980; Beta Gamma Sigma; Recipient of Kemper Foundation Scholarship
B.A., Magna Cum Laude, Brigham Young University, August, 1976; Phi Kappi Phi; Phi Alpha Theta; Dean's List

Author, Case Note - "Government's Right to Appeal a Midtrial Dismissal," 1978 B.Y.U. Law Review 742

Member, Murray City Planning & Zoning Commission, 1992-1996; Vice-Chairman, 1994; Chairman, 1995
Vice-Chairman, West Valley City Business License Hearing Board, 1985-1990
Member, Utah State Textbook Commission and Course of Study Committee, 1985-1989
Instructor, Salt Lake Community College, Salt Lake City, Utah, 1989. Taught business law to undergraduate students
Faculty Member, University of Phoenix, Utah Division, 1986. Taught business law courses to MBA students