Joshua Y. Sturm
Joshua represents creditors, sponsors, debtors, and other strategic parties in complex Chapter 11 cases, out-of-court restructurings, and distressed asset acquisitions. He also has experience representing parties in restructuring, distressed, and insolvency-related litigation, including appeals of critical bankruptcy issues before the Supreme Court and the Second and Third Circuit Courts of Appeal.
- Represented Elliott Management Corporation as the largest unsecured creditor in the Chapter 11 cases of Energy Future Intermediate Holding Company LLC and its debtor affiliates in successfully opposing a proposed transaction for the sale of EFIH's equity interest in its regulated distribution subsidiary in favor of an alternative transaction.
- Represented the indenture trustee for $250 million of 1.5 Lien Notes in appeal of Momentive Performance Materials, Inc.’s plan confirmation, including precedent-setting appeal to Second Circuit Court of Appeals regarding the determination of cramdown interest rates and enforceability of make-whole provisions in chapter 11 bankruptcy.
- Liaison counsel to several thousand shareholder defendants in Tribune Company fraudulent transfer litigation seeking clawback of $8 billion in LBO proceeds, including precedent-setting SDNY and Second Circuit rulings regarding scope of Bankruptcy Code section 546(e) financial transaction safe harbor.
- Represents several private equity sponsors and directors of parent company of Trident Holding Company, LLC in fraud and fiduciary duty litigation following bankruptcy of a portfolio company.
- Represents non-profit senior community owners and operators Lifespace Communities, Inc. in addition of three communities through affiliation with Senior Quality Lifestyles Corp.
- Represents hedge fund in Article 77 proceeding litigation over allocation of RMBS trust proceeds from $4.5 billion JPMorgan RMBS settlement.
- Represented an ad hoc group of noteholders in the prepackaged restructuring of notes issued by Global A&T Electronics Ltd.
- Represented Gawker Media, LLC, a media publication, in its Chapter 11 case.
- 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 case Executive 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)
- JD, Harvard Law School, 2006
- BA (Economics & History), summa cum laude, Yeshiva University, 2004; Yeshiva College Valedictorian