Joseph T. Moldovan

Mediation Panel Appointments and Private Mediation Activities

• Mediator, Panel of Neutrals of the Alternative Dispute Resolution Program of the Commercial Division of the Supreme Court of the State of New York, County of New York. Have mediated a wide variety of commercial cases including breach of contract, construction, and employment.
• Mediator, Mediation Panel For Indemnification Claims of Lehman Brothers Holdings Inc. and Affiliated Debtors against Mortgage Loan Sellers, appointed pursuant to Court order in Lehman Brothers Holdings Inc., et. al. Chapter 11 Case No. 08-13555 (SCC) United States Bankruptcy Court for the Southern District of New York. Mediations involving representation and warranty claims in residential backed mortgage securities matters where Lehman is the plaintiff and various banks and other financial institutions are defendants.
• Mediator, Register of Mediators of the United States Bankruptcy Court for the Southern District of New York. Selected by parties in bankruptcy cases and then appointed by Court order to mediate various matters including adversary proceedings and discharge issues.
• Mediator, Register of Mediators of the United States Bankruptcy Court for Eastern District of New York.
• Mediator, Mediation Panel of The Bankruptcy Court for the District of Delaware. Appointed by the Court order to mediate various matters including adversary proceedings and preference disputes.  (appointment ended 2022)
• Selected by parties for private mediation to mediate complex securitization dispute arising from the sale of mortgaged back securities in an action in the United States District Court for the District of Colorado.
• As debtor’s or committee’s counsel for over 30 years in complex in and out of court corporate restructurings, have been responsible for leading settlement negotiations of debtor/creditor and intercreditor disputes.
• Have participated as counsel to parties in numerous court-directed and voluntary mediations of commercial disputes.

Representative Matters

• Quadrum Development Corp. in its $95 million purchase of Brooklyn’s Williamsburg Hotel at bankruptcy auction. Winner of the M&A Advisor Awards “Deal of the Year, Restructuring (Under $100 Million), 2023” and the Global M&A Network “Global Special Situation M&A Deal of the Year, 2024.”
• Daol Rexmark, a New York-based lender acting as U.S. agent for Korea-based Kookmin Bank in UCC foreclosure against borrower Ashkenazy Acquisition Corp., regarding ownership of Washington D.C.’s Union Station. Rexmark was granted a preliminary injunction and declared temporary rightful owner of Union Station in the Southern District of New York.
• Guild Investment Group LLC (nka Guild Ventures LLC) in its successful purchase of lender debt and litigation to allow foreclosure of multi-million dollar property in Albany, NY.
• Churchill Real Estate Holdings LLC in multiple bankruptcy cases.
• Landlord in the Corinthian bankruptcy filed under Subchapter V of the Bankruptcy Code, in its successful recovery of a substantial portion of its pre- and postpetition arrears.
• Mynd Spa & Salon, Inc., fka Red Door Salons, Inc., fdba Elizabeth Arden Resort Spas, Inc. as Chapter 7 debtors.
• Be-Aviv 286 Rider LLC, an affiliate of a private equity firm, in its successful recovery of 100% of its loan including all principal, interest, default rate interest, and attorney’s fees in the chapter 11 case of 286 Rider Ave Acquisition LLC, in the Southern District of New York. In this case, the lender exercised its rights under a pledge to vote and control its borrower and retained an independent manager to manage the borrower who commenced a chapter 11 case. The lender also provided DIP Financing, which was repaid in full.
• Affiliates of Quadrum Global, a private equity firm, in their successful confirmation of its creditors’ chapter 11 plan in Vernon 4540 Realty, LLC, bankruptcy in the Southern District of New York. Quadrum funded the plan of reorganization that paid all creditor claims in full in exchange for the acquisition of all of the assets of the debtor.
• US Subsidiaries of Geox, a leading fashion retailer, in their successful reorganizations of under Subchapter V of the Bankruptcy Code.
• Global Automotive Systems, LLC, a leading manufacturer and of complex metal assemblies and products, in its contested sale to Advanced Vehicle Assemblies, an affiliate financier Lynn Tilton. 
• Furla (U.S.A.) Inc. in the successful reorganization of its U.S. business under Subchapter V of the Bankruptcy Code.
• Ad Hoc Committee of Consignment Vendors and apparel and jewelry consignors in Neiman Marcus and Sears bankruptcies - Successfully protected consignor rights.
• PRG, Production Resource Group, the world's leading provider of entertainment and event technology solutions in connection with its billion dollar acquisition of competitor VER, as part of VER’s pre-negotiated chapter 11.
• The Independent Directors of Residential Capital, LLC, formally a leading originator of residential mortgage loans and, together with their non-Debtor affiliates, the fifth largest servicer of residential mortgage loans in the United States.
• DIP Lender in ESML Holdings, Inc., a company developing a fully integrated, 7 million tonnes per annum capacity iron ore pellet production facility.
• Debtor in Phoenix Brands, LLC, a nationally recognized laundry and fabric care company.
• Selected as Liquidating Trustee of Phoenix Brands Liquidating Trust.
• DIP Lender in Lafayette Yards, hotel and conference center.
• Littlejohn Capital, LLC in connection with its acquisition out of bankruptcy of ArmorWorks Enterprises, LLC, a developer and provider of vehicle and aircraft armor systems, body armor and other protection products and systems to the aerospace and defense markets.
• Lenders, landlords, and investors on various levels of the capital stack in connection with numerous real estate related restructurings of commercial office towers, hotels, shopping centers, commercial and residential property portfolios, and mixed use developments.
• The producers of a major Broadway production, as outside general counsel, and in numerous transactions, including a restructuring, debt and equity financings, and ongoing production matters.
• Investors in the Madoff Ponzi Scheme as well as other financial fraud cases.
• Former employees in the Lehman Brothers and MF Global chapter 11 cases.
• HSBC as indenture trustee in the General Growth and Primus Telecommunications chapter 11 cases.
• Wellpoint and its subsidiary, Empire HealthChoice Assurance, Inc., d/b/a Empire Blue Cross and Blue Shield in the Chemtura, Delphi, Circuit City, Steve & Barry’s, American Home Mortgages, St. Vincent’s, Episcopal Health, and Magellan Healthcare chapter 11 cases.
• Retail tenants including Liz Claiborne, American Girl, and Lucky Brand Jeans in the General Growth chapter 11.
• Ventilex BV as secured lender, DIP lender, and ultimate acquirer of Ventilex Inc. in chapter 11.
• Praesidian Capital as secured lender, DIP lender, and ultimate acquirer of Club Ventures - David Barton Gyms in chapter 11.
• AEA Investors in connection with numerous mezzanine and first lien loans and restructurings.
• Equity Security Holders’ Committee in Point Blank Solutions.
• Wilmington Trust as Indenture Trustee in NRG Energy chapter 11 case and with respect to HealthSouth.
• CIFC as secured lender in the Black Diamond Mining, Buffets, JHT, LandSource chapter 11 cases.
• Littlejohn Fund II as secured lender, DIP lender, and ultimate acquirer of PSC Scanning in chapter 11, a developer and manufacturer of bar code based scanning devices.
• Blue Cross Blue Shield of Michigan in the bankruptcies of General Motors and Chrysler.
• Western World Insurance in the Twinlab, and Delaco bankruptcy cases.
• Vanco Direct in its 363 acquisition of Universal Access Global Holdings, Inc.,providers of regulated telecommunications services.
• Universal Lighting in its 363 acquisition of Energy Savings, Inc., a manufacturer of lighting products.
• The Chair of the Creditors Committees in Bayou and Silicon Graphics chapter 11 cases.
• Bondholders in the Kaiser Aluminum chapter 11 case.
• Financial institutions, property owners, or creditors in the chapter 11 cases of Adelphia, Enron, and Worldcom.
• Elected Chapter 7 Trustee of Hall Dickler, LLP.

Prior to joining Morrison Cohen

• Numerous chapter 11 cases representing the debtor including: Union Hospital, SLM (The Hockey Company), Leaseway Transportation, and Laventhol & Horwath.
• Numerous creditors’ committees including Gaston & Snow and Marvel Entertainment.

• American Bar Association, Business Bankruptcy Committee
• Co-Chair, ABA Subcommittee on Partnerships in Bankruptcy of the Business Bankruptcy Committee (1997 - 99).
• Vice-Chair, ABA Ad Hoc Committee on Partnerships in Bankruptcy (1995 - 99).
• Vice-Chair, ABA Task Force on Limited Liability Entities (1994 - 99).
• Vice-Chair, ABA Business Bankruptcy Subcommittee on Use and Disposition of Property (1995 - 98).
• Committee on Corporate Governance
• Association of the Bar of the City of New York 
• Member, Alternative Dispute Resolution Committee.
• Chair, Subcommittee on Advertising (1983 - 86), Association of the Bar of the City of New York Consumer Affairs Committee (1983 - 86).

• Recipient, M&A Advisor Awards Restructuring Deal of the Year (Under $100 Million) for the restructuring and sale of the Williamsburg Hotel, presented November 2023. Served as lead in representation of Quadrum Development Corp. in its $95 million purchase of Brooklyn’s Williamsburg Hotel at bankruptcy auction.

• Recipient, M&A Advisor Award, Deal of the Year (Over $1 Billion) for the section 363 bankruptcy sale of Residential Capital LLC. Served as lead in representation of Independent Directors of Residential Capital.

• Member, Brooklyn Law Review
• Martindale-Hubbell® - AV Rated

• What the FTX Creditor Matrix Does — and Doesn’t — Tell Us About the Exchange’s Bankruptcy, The Block, January 28, 2023 (quoted).
• FTX Bankruptcy Debtors Ditch the Courtroom Drama — For Now, The Block, January 17, 2023 (quoted).
• Elon Musk Has Warned in the Past That Twitter Could Go Bankrupt. Here's What Would Happen If It Did, BusinessInsider.com, December 29, 2022 (quoted).
• How the Bankruptcy Code Impacts User Access to FTX Assets, BloombergLaw.com, November 22, 2022 (co-author).
• Breaking Down FTX’s Bankruptcy: How It Differs From Other Chapter 11 Cases, Cointelegraph, November 17, 2022 (quoted).
• Bankruptcy’s ‘Deep Freeze’ May Be Struggling Cos.’ Best Hope, Law360, May 21, 2020
• Rejection Equals Breach, Not Termination: Trademark Licensor Cannot Use Bankruptcy to Terminate License,Westlaw Journal Bankruptcy, July 11, 2019 (co-author).
• INSIGHT: Distressed Companies Should Prepare for Employee Rights Realities, Bloomberg Law, May 22, 2019 (co-author).
• Bankruptcy Courts Struggle with Debtor’s § 363 Rights and Its Nondebtor Contractual Counterparty’s § 365 Rights, February 2015, American Bankruptcy Institute’s Business Reorganization Committee Newsletter (co-author).
• “The Interplay Between Bankruptcy and the Law of Partnerships and Limited Liability Entities,” Bankruptcy Court Decisions, Vol. 27, Issue 24, October 31, 1995 (co-author).
• “Rights of A Partnership Trustee Against General Partners: Extension To Limited Liability Entities,” Bankruptcy Court Decisions, Vol. 26, Issue 3, November 8, 1994 (co-author).
• “Partnership Break-Ups: Who Pays?” New York Law Journal, at 7. col. 1, February 7, 1994 (co-author).
• “DIP Financing: Principles, Issues & Options; What Every Credit Executive And Finance Attorney Should Know,” materials prepared for and presented at the Meeting of the Association Of Commercial Finance Attorneys, held in New York City on January 24, 1994 (co-author).
• “Gaston & Snow Creditors Take The Money And Run,” Presentation at the meeting of the Business Bankruptcy Committee of the ABA Section of Business Law, held at the Sixty Seventh Annual Meeting of The National Conference of Bankruptcy Judges, Orlando, Florida, October 18, 1993.
• “Selected Issues In A Professional Partnership Bankruptcy: Treatment Of Creditors,” Materials prepared for and presented at the Spring Meeting of the Business Bankruptcy Committee of the ABA Section of Business Law, held in New Orleans, Louisiana on April 15, 1993.
• “Sec. 105 Injunctions Offer Protections to Members of Professional Partnerships: Benefits of the Automatic Stay Applied to Partners,” New York Law Journal, at 5, col. 1, March 29, 1993 (co-author).
• “Rights Of Residential Tenants When Foreclosure Is Pending: An Introduction To The Bankruptcy Process,” Materials prepared for and presented at the seminars sponsored by the Legal Aid Society, Civil Division, Held In New York City On February 18 and February 25, 1993.
• “The Section 105 Injunction in a Professional Partnership Bankruptcy: The Laventhol & Horwath Case,” Materials prepared for and presented at the meeting of the Business Bankruptcy Committee of the ABA Section of Business Law, held at the Sixty Sixth Annual Meeting of The National Conference of Bankruptcy Judges, San Antonio, Texas, October 17, 1992.
• “Representing a Professional or Service Partnership or its Creditors in a Troubled Environment: Tactical and Strategic Considerations, Partnerships in Trouble,” Prentice Hall Law & Business, 1991 (co-author).
• “The Greystone Decision: Cram Down of the Undersecured Real Estate Lender, Partnerships in Trouble,” Prentice Hall Law & Business, 1991 (co-author).
• “Consumer and Business Fraud and Deception: Defenses and Statutes of Limitations,” Materials prepared for and presented at the Forum on Consumer and Business Fraud and Deception sponsored by ABCNY, June 12, 1986 (unpublished materials available at library of the ABCNY at BA/AS75cl).
• “New York Creates a Private Right of Action to Combat Consumer Fraud: Caveat Venditor,” 48 Brooklyn Law Review 509, 1982.