DEBTOR-SIDE EXPERIENCE

• National CineMedia, the largest American cinema advertising company, in its chapter 11 case in the Southern District of Texas
• The Financial Oversight & Management Board for Puerto Rico, as representative of the Commonwealth of Puerto Rico; the Puerto Rico Sales Tax Financing Corporation; the Employees Retirement System of Puerto Rico; the Puerto Rico Highways and Transportation Authority; and the Puerto Rico Public Buildings Authority in their proceedings under Title III of PROMESA, successfully restructuring over $100 billion of funded debt and pension liabilities, the largest U.S. governmental bankruptcy to date*
• The Financial Oversight & Management Board for Puerto Rico, as representative of the Puerto Rico Electric Power Authority, in its proceeding under Title III of PROMESA*
• Hospitality Investors Trust, a real estate investment trust, in their prepackaged chapter 11 cases, successfully turning over the business to prepetition equity holder and debtor-in-possession lender Brookfield Asset Management*
• Hermitage Offshore Services, an offshore support vessel company, in their chapter 11 cases in the Southern District of New York, including the sale of substantially all of its assets pursuant to section 363 of the Bankruptcy Code*

CREDITOR-SIDE EXPERIENCE

• A crossover ad hoc group of secured lenders of Sungard AS, an international provider of information technology production and disaster recovery services, in their chapter 11 cases and concurrent Canadian bankruptcy proceedings under the Companies’ Creditors Arrangement Act*
• The non-consenting minority secured lenders in the chapter 11 cases of TPC Group, a petrochemicals manufacturing company, ultimately reaching settlement with the majority lender group*
• The second lien lenders of Fusion Connect, a managed communications service provider, in their chapter 11 cases*
• The second lien lenders of IPC Systems, a fintech company, in an out-of-court restructuring*
• The largest secured lender to QC Supply, a farm and industrial supplies and clothing supplier, in an out-of-court transaction*
• A secured lender to Legal Sea Foods, a well-known Boston-based casual dining seafood chain, in an out-of-court transaction*
• The statutory unsecured creditors’ committee in the chapter 11 cases of Westinghouse Electric Company, an American nuclear power company, which garnered a 100% recovery for unsecured creditors*

BANKRUPTCY LITIGATION

• D&H Distributing Company, a privately held technology distributor, in its appeal and successful settlement of an adverse preference judgment in the chapter 11 cases of H. H. Gregg, Inc. in the Southern District of Indiana*
• The Financial Oversight & Management Board for Puerto Rico, as representative of the Commonwealth of Puerto Rico in its petition for certiorari to the United States Supreme Court asserting that damage claims arising under the Fifth Amendment of the U.S. Constitution are dischargeable in bankruptcy*
• The Financial Oversight & Management Board for Puerto Rico, as representative of the Employees Retirement System of Puerto Rico (ERS), in ERS’s successful challenge pursuant to section 552 of the Bankruptcy Code to over $3 billion of asserted bondholder liens, ultimately prevailing before the Court of Appeals for the First Circuit*
• McKinsey Recovery & Transformation Services, McKinsey and Company’s restructuring consulting group, in successful defense to creditor’s challenges of professionals’ fees earned in the Alpha Natural Resources chapter 11 cases, prevailing on all issues before the Court of Appeals for the Fourth Circuit*
• A multi-employer pension plan in a plan interpretation dispute arising from the Syms and Filene’s bankruptcy cases*

Joshua is the author of “What if Connecticut Files for Bankruptcy,” published in the Hartford Courant, and is the co-author of “The Future of Bankruptcy Appeals: Appellate Standing After Lexmark Considered,” published in the Spring 2021 edition of the Emory Bankruptcy Developments Journal. He lives in Stamford, Connecticut, where he is a member of the Board of Directors of the United Jewish Federation of Greater Stamford, New Canaan and Darien.   

*Matters worked on prior to joining Paul, Weiss