Professional Experience
Joshua Cohen is a bankruptcy and restructuring attorney. He has a national practice handling bankruptcy, creditors' rights, lender liability, commercial contract, fraud and business tort cases, receiverships, workouts and distressed business and asset transactions. He is certified as a specialist in business bankruptcy by the American Board of Certification and has extensive experience handling complex Chapter 11 cases. Josh represents secured and unsecured creditors, creditors' committees, buyers and sellers of assets, trustees and receivers in bankruptcy cases, receivership cases and out-of-court workouts and restructurings.
Representative Matters
· Counsel to creditors and other claimants in Lehman Brothers SIPC and bankruptcy proceedings
· Counsel to largest unsecured creditor (and member of the Official Committee of Unsecured Creditors) in the Chapter 11 bankruptcy of Coudert Brothers LLP
· Counsel to estate-retained professionals in the bankruptcy cases of Refco, New York Racing Association, and Fedders
· Counsel to Ford Motor Credit Company and other automotive and vehicle financing companies in connection with dealership workouts and bankruptcies, out-of-trust and general floor plan financing issues
· Counsel to receiver of complex intellectual property company appointed by Delaware Chancery Court to implement merger and acquisition strategies and financial stabilization
· Represents receiver in business failure of large retail oil company
· Represents Foreign Bankruptcy Trustee in ancillary bankruptcy proceeding, worldwide asset investigations and fraud litigation
· Counsel to various creditors in commercial airline reorganizations/liquidations including Delta Air Lines, Northwest Airlines and ATA
· Represents agencies of the State of Connecticut as secured lender and issuer of bonds in workouts and receiverships of nursing home networks, hospitals, and educational facilities
· Counsel to Official Committee of Unsecured Creditors in Chapter 11 bankruptcy case of Spring Air Partners North America, Inc. in the United States Bankruptcy Court for the Southern District of New York
· Co-counsel to ad hoc committee and Official Committee of Unsecured Creditors in Chapter 11 bankruptcy case of failed hedge fund in the United States Bankruptcy Court for the District of Connecticut
· Counsel to Fortune 500 company, as largest creditor, in Chapter 11 bankruptcy case of DeGeorge Financial Corporation in the United States Bankruptcy Court for the District of Connecticut
· Co-counsel to Fortune 500 company in breach of contract and lender liability action, resulting in $96.4 million jury verdict in favor of client
· Co-authored brief amicus curiae to the United States Supreme Court (with Professor Elizabeth Warren, Harvard Law School) in Bank of America National Trust and Savings Association v. 203 North Lasalle Street Partnership (Supreme Court Docket No. 97-1418) regarding the "new value exception" to the "absolute priority rule" in connection with confirmation of bankruptcy plans
· Significant experience representing both buyers and sellers of distressed assets in context of business bankruptcy proceedings and receiverships
News, Publications & Presentations
· Speaker, "Environmentally Contaminated Property Issues When Owners Face Insolvency: Complying with Remediation Requirements and Discharging Cleanup Obligations in Bankruptcy," Strafford CLE Webinar, November 18, 2010
· Featured, "Fifty-seven Day Pitney Attorneys Recognized as Super Lawyers; Six Additional Lawyers Recognized as 'Rising Stars'," Day Pitney Press Release, November 12, 2010
· Speaker, "Environmentally Contaminated Property: When Owners Face Insolvency, Complying with Remediation Requirements and Discharging Cleanup Obligations in Bankruptcy," Strafford Teleconference/Webinar, April 13, 2010
· Co-author, Connecticut Chapter in Strategic Alternatives for Distressed Businesses, (West Publishing) 2008-2009 edition
· Featured, "Fifty-six Day Pitney Partners Recognized as New England Super Lawyers," Day Pitney Press Release, October 30, 2009
· Speaker, "A Guide to Receiverships," Connecticut Bar Association, May 4, 2009
· Speaker, "Don't Let A Tenant Put Your Property At Risk," Day Pitney Seminar, March 26, 2009
· Featured, "Day Pitney Elevates Nine Attorneys to Partner," Day Pitney Press Release, February 12, 2009
· "Critical Vendor Orders and the Doctrine of Necessity - Status Update and Practice Pointers," Connecticut Turnaround Management Association Newsletter, December 2008
· Co-author, "Distressed Asset Acquisitions - A Roadmap To Strategic Advantage," The Metropolitan Corporate Counsel, September 2008
· Co-author, "Effective Engagement Agreements Must Communicate Expectations," The Journal of Corporate Renewal, Vol. 19/No.7, July 2006
· "Insolvency Related Issues for Nonprofits," West Hartford, CT, March 8, 2006
· "Spring Air Partners -- North America, Inc.: A Case Study -- Part Two: Reorganization in American Bankruptcy and the Role of the Creditors," Insol World, Fourth Quarter, 2004
· "Spring Air Partners -- North America, Inc.: A Case Study, Reorganization in American Bankruptcy and the Role of the Creditors," Insol World, Third Quarter, 2004
· "Commercial Bankruptcy, The Year In Review," Annual Meeting of the Connecticut Bar Association, June 2004
· "Necessity No Longer Critical in Chicago?" Norton Bankruptcy Law Advisor, July 2003
· "Enron: If Bad Facts Make Bad Law . . . No Facts Make Worse Law," Norton Bankruptcy Law Advisor, Issue 5, May 2002
· Chapter 11 Filing Requires Good Faith," Norton Bankruptcy Law Advisor, Issue 4, April 2000
· "Supreme Court Hears Argument on New Value Exception," Norton Bankruptcy Law Advisor, Issue 12, December 1998
Professional Affiliations
· Connecticut Bar Association, Commercial Law and Bankruptcy Section
· American Bar Association
· American Bankruptcy Institute
· Turnaround Management Association, Connecticut Chapter, Member, Board of Directors
Outside Interests
· Board of directors, Friends of Yale New Haven Children's Hospital
· Board of directors, New Haven Road Race
Awards and Achievements
· Recognized as Connecticut Super Lawyer, 2008, 2010
· Certified as specialist in business bankruptcy, American Board of Certification