Joshua Dorchak

Josh also represents dealers and buyers in bankruptcy claims trades and other transactions concerning distressed companies.

Josh has represented creditors and other parties in interest in the bankruptcy cases of, among others, American Airlines, Arcapita Bank, Atkins Nutritionals, Avaya, Brooklyn Hospital, Calpine, Dairy Mart, Dana Corp., Delta Air Lines, Doral Bank (FDIC Receivership) and Doral Financial Corp., Energy Future Holdings, Enron, Fairfield Sentry (Chapter 15), FirstEnergy, General Motors, GenOn Energy, Genuity, Global Crossing, La Paloma Generating Co., Lehman Brothers (Chapter 11 and SIPA), LightSquared, M&G USA Corp., Madoff, MF Global (Chapter 11 and SIPA), Nortel, Northwest Airlines, Pacific Gas & Electric, Platinum Partners (Chapter 15), Quebecor World, Sears, St. Vincent’s Hospital, SunEdison, Suntech Power (Chapter 7 and Chapter 15), Teligent, The International Banking Corporation (Chapter 15), Tidewater, United Air Lines, Westinghouse, and WorldCom. He also represented the Plan Administrator of Refco Capital Markets Ltd. and the Plan Administrator of the Refco Chapter 11 Debtors.

• Advising several creditors or other interested parties in Chapter 11 cases in energy and utilities industries, including Pacific Gas & Electric, and La Paloma Generating Co. (second lien ad hoc group)
• Representing New York’s second largest medical malpractice insurance company asserting substantial claims in arbitration with former managing entity and in litigation with former director
• Representing Deutsche Bank in litigations with Lehman Chapter 11 debtors concerning assets and liabilities of certain UK partnerships (e.g., 591 B.R. 153 (Bankr. S.D.N.Y. 2018))
• Representing three former executives of SunEdison as claimants in bankruptcy case and in state court action
• Representing UBS Trust Company of Puerto Rico in Doral Financial Corporation Chapter 11 case and Doral Bank FDIC receivership on claims arising from mortgage loan portfolios
• Represented Mexican affiliates of Mossi & Ghisolfi International in connection with Chapter 11 cases of M&G USA Corp., et al.
• Represented self-employed film editor in litigation to recover fees for services (pro bono)
• Represented Joint Liquidators of Platinum Partners Value Arbitrage Fund (International) Limited, including as Foreign Representatives in the Fund’s Chapter 15 case
• Advised and represented (in litigation, mediation and negotiation) over two dozen substantial creditors, counterparties and other parties in interest in all aspects of the Lehman Brothers Chapter 11, SIPA and foreign proceedings, including derivatives and structured transactions, alleged ipso facto clauses, setoffs, safe harbors, guaranties, unsettled trades and other executory contracts, prepetition and postpetition claims resolution, plan negotiations, claims trading, asset purchases, and cross-border issues; currently representing several defendants in CDO “waterfall flip” litigation, including the joint briefing and argument that resulted in summary judgment dismissing all claims (553 B.R. 476 (Bankr. S.D.N.Y. 2016), aff’d, 2018 WL 1322225 (S.D.N.Y.), on appeal (2d Cir.)
• Won summary judgment for Deutsche Bank dismissing claims brought by bank seeking recovery of alleged erroneous wire transfers in New York County Commercial Division, affirmed by the First Department (2016)
• Won summary judgment prior to discovery for Deutsche Bank in full $56.6 million amount payable upon default and termination of foreign exchange and rates swaps in New York County Commercial Division (2015)
• Won summary judgment for all defendants in $376 million preference action brought by Official Creditors Committee of Quebecor World (USA) Inc. against former private placement noteholders; based on “settlement payment” and, in case of first impression, “securities contract” clauses of 11 U.S.C. 546(e) safe harbor (453 B.R. 201 (Bankr. S.D.N.Y. 2011), aff’d, 480 B.R. 468 (S.D.N.Y. 2012), aff’d as to securities contract, 719 F.3d 94 (2d Cir. 2013), cert. denied, 134 S. Ct. 1278 (2014))
• Represented Deutsche Bank in state court action against Bahraini bank and subsequent Chapter 15 proceeding; won ruling from bankruptcy court, in case of first impression, that Deutsche Bank is secured creditor of Chapter 15 debtor by virtue of prejudgment attachments in stayed state court action (439 B.R. 614 (Bankr. S.D.N.Y. 2010))
• Representing defendant purchaser of telecom-related intellectual property against tortious interference, fraudulent transfer and successor liability claims
• Represented ad hoc committee of senior secured lenders and other holders of stipulated loss value (“SLV”) claims in litigation and negotiation concerning over 100 mainline aircraft in the Delta Air Lines fleet
• Obtained dismissal of discovery and related proceedings against Japan International Cooperation Agency on grounds of sovereign immunity
• Assisted in representing several defendants in $1.1 billion preference action brought by Enron Corp. to avoid repurchases of its commercial paper, and in winning summary judgment, in case of first impression, for nonsettling defendants (422 B.R. 423 (S.D.N.Y. 2009), aff’d, 651 F.3d 329 (2d Cir. 2011))
• Assisted in winning dismissal or summary judgment on behalf of New York office of national law firm in three separate actions brought by former clients or persons in privity with former clients
• Defended major investment bank against tortious interference claim arising from underwriting of $120 million IPO of special purpose acquisition company
• Obtained discharge of Chapter 7 debtor’s student loan obligations on grounds of undue hardship based on medical condition (pro bono)
• Represented Deutsche Bank in several disputes with Enron Corp. and its debtor and nondebtor affiliates, from bankruptcy filing in December 2001 through global settlement in December 2007
• Won dismissal of 28 claims against bankruptcy estate of Refco Capital Markets Ltd. seeking aggregate $64 million damages arising from RCM’s alleged involvement in certain tax shelter structures; decision affirmed on appeal
• Won summary judgment in Illinois federal court and full recovery plus attorneys’ fees for holder of promissory note, notwithstanding debtor’s pending settlement with all other similarly situated noteholders and pending bankruptcy of debtor’s parent (2006 WL 2949520 (N.D. Ill.))
• Assisted in winning summary judgment for founder of law firm on claims brought by alleged former equity partners (N.Y. Law Journal, 3/15/06, p. 1)
• Won favorable recovery on behalf of lender and adviser to real estate venture in mediation before former S.D.N.Y. judge
• Assisted in obtaining favorable settlement on behalf of syndicate of secured lenders against lessee of collateral (fleet of freight aircraft) for $210 million loan, as well as court-ordered sanctions against officer of lessee for falsifying evidence
• Won summary judgment for the full dollar value of a promissory note, notwithstanding Argentine court’s prior ruling that note could be repaid in Argentine pesos at less than half its face value (2004 WL 2113282 (Sup. Ct., N.Y. County))
• Assisted in obtaining judgment for Hyundai against Republic of Iraq and Central Bank of Iraq in litigation concerning funding of power station in Iraq (794 N.Y.S.2d 327 (1st Dep’t 2005); 2003 WL 22251349 (S.D.N.Y.))