Joshua Y. Sturm
Joshua Sturm is counsel in the bankruptcy and business restructuring group and joined Ropes & Gray in 2013.
Joshua has represented debtors, creditors, and other strategic parties in complex Chapter 11 cases and out-of-court restructurings. He has served as the lead bankruptcy associate managing all critical aspects of numerous cases, including “first day” pleadings, “section 363” asset sales, plans of reorganization, chapter 15 proceedings, fraudulent conveyance litigation, and appeals of critical bankruptcy issues before the Supreme Court and the Second and Third Circuit Courts of Appeal. Joshua has worked with clients across a diverse range of industries in both domestic and multi-national reorganization proceedings.
Prior to joining Ropes & Gray, Joshua spent five years as an associate in the financial restructuring department at an international law firm and worked out of the New York office.
- Represents the indenture trustee for the 1.5 Lien Notes in appeal of Momentive Performance Materials, Inc.’s plan confirmation.
- Represents Elliott Management Corporation as the largest unsecured creditor in the Chapter 11 cases of Energy Future Intermediate Holding Company LLC and its debtor affiliates.
- Represents an ad hoc group of noteholders in the restructuring of notes issued by Global A&T Electronics Ltd.
- Represents Gawker Media, LLC, a media publication, in its Chapter 11 case.
- Liaison counsel to defendant executive committee representing over 5,000 shareholder defendants in Tribune Company fraudulent conveyance action seeking clawback of $8 billion in LBO proceeds, including successful Second Circuit appeal regarding scope of Bankruptcy Code section 546(e) financial transaction safe harbor.
- Represented Kaisa Group Holdings Ltd., a Hong Kong-based developer of Chinese real estate, in obtaining U.S. chapter 15 recognition for an international restructuring of $3 billion in debt. Named “Restructuring Deal of the Year” for 2017 at the IFLR Asia Awards.
- Represented an ad hoc group of first lien term lenders to NewPage Corporation, a paper company, in the pre-negotiated chapter 11 cases of NewPage and its corporate parent, Verso Corporation.
- Represented Key Food Stores Co-Operative Inc. in its successful stalking horse bid for a collection of grocery stores in the chapter 11 cases of The Great Atlantic & Pacific Tea Company, Inc. (A&P).
- Advised the ad hoc committee of holders of Towergate Finance plc’s senior unsecured notes in connection with the restructuring of the Towergate Group’s c. £1.05bn debt obligations and related acquisition of more than 80% of the equity of the restructured Group.
- Represented successful appellee in U.S. Supreme Court case Bullard v. Blue Hills Bank, addressing whether bankruptcy court judgments denying plan confirmation constitute “final” judgments appealable as of right.
- Represented appellant in U.S. Supreme Court caseExecutive Benefits Insurance Agency v. Arkison, addressing scope of Bankruptcy Court constitutional authority in the wake of Stern v. Marshall.
- Represented regional airline debtor Pinnacle Airlines, as conflicts counsel for matters relating to sole remaining customer Delta Air Lines, in successful Chapter 11 restructuring that culminated in Delta acquiring Pinnacle through a plan of reorganization.*
- Represented the Unsecured Creditors’ Committee of Nortel Networks Inc. in Nortel’s multi-national bankruptcy proceedings and the completion of multiple “section 363” technology asset sales totaling over $7 billion.*
- Represented radio station operator debtor Inner City Media Corporation in its Chapter 11 cases, including successfully responding to involuntary petitions and conducting “section 363” sales for substantially all Inner City’s assets.*
- Represented the Unsecured Creditors’ Committee of Majestic Star Casino in multi-state casino operator’s Chapter 11 cases, which included litigating substantial bankruptcy-related tax issues and concluded with unsecured creditors acquiring Majestic Star.*
- Represented reorganized Spansion LLC and its claims agent in litigation and successful settlement of administrative expense and rejection damage claims based on Japanese insolvency law (claims of approximately $1 billion settled for $100 million) and numerous other smaller claims.*
- Represented manufacturing debtor Foamex International, Inc. in successful Chapter 11 reorganization through a contested auction for Foamex’s assets followed by a structured dismissal.*
Representations completed prior to joining Ropes & Gray.*
- Co-author, “Testing the Long Arm of the U.K. Pensions Law 2004: From Sea Containers to Nortel,” Insol World: The Quarterly Journal of INSOL International (Third Quarter 2010) (with Lisa Beckerman)