Joe Orbach represents clients in all aspects of bankruptcy and insolvency law. He has significant experience representing creditors’ committees in a wide range of industries, including mortgage origination/servicing, retail, technology, and hospitality. He also represents secured and unsecured creditors, debtors and trustees in corporate reorganizations, restructurings and liquidations, and has prosecuted/defended cases in jurisdictions across the country.
Over the course of his career, Joe has analyzed and prosecuted hundreds of preferences and fraudulent transfers adversary proceedings for liquidating trustees and defended dozens of preference actions. Companies seek his counsel on distressed asset investments, sales and initial and secondary capital offerings.
Joe deftly sizes up difficult situations to assess his client’s leverage, as well as the optimal potential and pressure points to get recovery, before identifying and implementing solutions that create the highest possible return. In addition to problem-solving, Joe particularly enjoys sending distribution checks out to those creditors who likely assumed they would never recover on their claims, but on whose behalf he often works when representing post-confirmation trusts.
Joe has also developed a strong niche representing both debtors and creditors in Subchapter V bankruptcies, created to streamline the bankruptcy process for small businesses. After he wrote an article identifying a problem in the original version of the law, it was modified by Congress to adopt his recommended language.
Joe is an American Bankruptcy Institute certified bankruptcy mediator and is a member of the Mediation Panel of the U.S. Bankruptcy Courts of the Eastern and Southern Districts of New York.
experience
- The Official Committee of Unsecured Creditors of Pear Therapeutics, Inc., a public company which created FDA approved prescription digital therapeutics
- The Official Committee of Unsecured Creditors of Reverse Mortgage Funding, large originator and servicer of reverse mortgages
- The Official Committee of Unsecured Creditors of First Guaranty Mortgage Corporation, large originator and servicer of residential mortgages
- Debtor’s counsel to Augustus Intelligence Inc. (subchapter V debtor), an integrated artificial intelligence company.
- Special litigation counsel to a global healthcare services organization (and related Debtors) in connection with litigations seeking recovery of hundreds of millions of dollars in alleged fraudulent transfers.
- The Official Committee of Unsecured Creditors of Vertellus Specialties, Inc., global manufacturer of specialty chemicals.
- The Official Committee of Unsecured Creditors of AWI Delaware/White Rose, Inc., large distributor and wholesalers to supermarkets in the northeast.
- The Official Committee of Unsecured Creditors of Reichhold Holdings US, Inc., the world’s largest manufacturer of unsaturated polyester resins for composites.
- The Official Committee of Unsecured Creditors of Penson Worldwide, Inc., independent provider of brokerage, clearing and clearing-related operational and technology services.
- The Official Committee of Unsecured Creditors of PJ Finance Company, LLC, owner and operator of 32 apartment communities across several southern US states.
- The Official Committee of Unsecured Creditors of Extended Stay Hotels, owner of 680 hotels, the largest hotel bankruptcy filing.
- Debtor’s counsel to Gracious Home (and related Debtors), owner of upscale houseware stores located in New York City.
- Purchaser of wholesale bicycle business including valuable well-known bicycle brands in contested 363 bankruptcy sale.
- Financial institution in foreclosure/bankruptcy proceedings concerning NYC taxicab medallions.
- Large hedge fund in purchase and ongoing capital infusions to real estate/technology company.
- Purchaser of portfolio of hotels in 363 bankruptcy sale.
Professional
- Member of American Bankruptcy Institute (2009-present)
- Newsletter Editor for ABI Mediation Subcommittee (2021-present)
- Member of Turnaround Management Association (2009-present)
- Programming Committee member for NY TMA (2024)
I once caught a foul ball, barehanded, at Yankee Stadium, and got a standing ovation from 40,000 fans. Upon hearing the roar of the crowd, the announcer remarked “nice catch by a fan back there!” I keep the ball in my office.