Bingham

Bingham

Joshua Dorchak

Partner

Joshua Dorchak advises financial institutions and other businesses, most often as creditors of troubled companies, and represents these clients in complex litigation in state, federal and bankruptcy courts.

Josh has represented creditors and other parties in interest in the bankruptcy cases of, among others, American Airlines, Atkins Nutritionals, Brooklyn Hospital, Calpine, Dairy Mart, Dana Corp., Delta Air Lines, Enron Corp., General Motors, Genuity Inc., Global Crossing, Lehman Brothers (Chapter 11 and SIPA), MF Global (Chapter 11 and SIPA), Northwest Airlines, Quebecor World, St. Vincent’s Hospital, Teligent, The International Banking Corporation (Chapter 15), United Air Lines and WorldCom. He has also represented the Plan Administrator of Refco Capital Markets Ltd. and the Plan Administrator of the Refco Chapter 11 Debtors.

Josh also advises and litigates on behalf of clients in matters involving derivatives and other financial contracts; contracts for goods or services; tortious interference, fraud and other commercial torts; leveraged leases; corporation and partnership disputes; and sovereign immunity.

Experience

  • Advising and representing (in litigation, mediation and negotiation) over a 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, guaranties, unsettled trades and other executory contracts, prepetition and postpetition claims resolution, plan negotiations, claims trading, asset purchases, and cross-border issues
  • Representing all defendants in $376 million preference action brought by Official Creditors Committee of Quebecor World (USA) Inc. against former private placement noteholders; won summary judgment dismissing all claims based on “settlement payment” and “securities contract” clauses of 11 U.S.C. 546(e) safe harbor (453 B.R. 201 (Bankr. S.D.N.Y. 2011))
  • Representing 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 for nonsettling defendants (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 the 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.))

Memberships

  • American Bar Association
  • New York State Bar Association
  • New York Law Institute
  • Massachusetts Bar Association

Awards & Honors

IFLR1000, Rising Star, Restructuring and Insolvency (2014)

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