Joseph, James H.

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JimJosephJames H. Joseph
Member


Pittsburgh, Pennsylvania
412.325.3304
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Mr. Joseph's practice focuses on commercial bankruptcy and creditors' rights, including the representation of secured and unsecured creditors, official committees of unsecured creditors, chapter 11 debtors, commercial landlords, asset purchasers, and licensors and licensees of intellectual property.

Representative Experience

Chapter 11 Debtor and Trustee Representations

  • Le-Nature's, Inc. (W.D. Pennsylvania), co-counsel
  • Weirton Steel Corporation (N.D. West Virginia)
  • J. Allan Steel (W.D. Pennsylvania)
  • Matlack, Inc. (D. Delaware)
  • PHICO Group (M.D. Pennsylvania)

Creditors' Committee Representations

  • Three A's Holdings LLC, et al. d/b/a Tower Records (D. Delaware)
  • Pittsburgh Brewing Co. (W.D. Pennsylvania)
  • A.B. Dick Co., et al. (D. Delaware)
  • Bronco Hazelton Co., et al. (S.D. Indiana)

Secured Creditor Representations

  • Represented secured creditor in $14 million lien priority, subordination and relief from stay proceedings (D. Delaware)
  • Represented secured creditor owed over $4.2 million in bankruptcy of several family steakhouse franchises (N.D. West Virginia)

Landlord Representations

  • Represented landlord in bankruptcy of regional video rental chain (E.D. Virginia)
  • Represented landlord in bankruptcy of chemical manufacturer resulting in assumption of lease and payment of approximately $500,000 rent arrearage (E.D. Wisconsin)

Asset Purchasers

  • Represented purchaser of assets of bankrupt industrial parts distributor (N.D. Indiana)
  • Represented purchaser of assets of conveyor belt manufacturer (W.D. Virginia)

Other Representations

  • Conduct training seminars for credit departments and in-house counsel regarding best practices to maximize recoveries and minimize preference exposure from customer bankruptcies
  • Pro bono out-of-court financial restructuring of local nonprofit theater company
  • Defended over 100 preference lawsuits and demands
  • Represented Chinese manufacturer owed over $20 million in asserting administrative and reclamation claims for goods in transit as of the customer's bankruptcy filing (M.D. Tennessee)
  • Regularly advise trade creditors regarding post-bankruptcy performance obligations, reclamation rights, administrative claims, contract assumption issues and section 503(b)(9) claims for goods delivered during 20 days pre-bankruptcy

Education

  • University of Pittsburgh, B.A. in Political Science, magna cum laude, 1994
  • University of Pittsburgh School of Law, J.D., 1998

Admissions

  • Pennsylvania Supreme Court
  • Delaware Supreme Court
  • United States Court of Appeals for the Third Circuit
  • United States District Courts for the Western District of Pennsylvania and the District of Delaware

Affiliations

  • American Bar Association, Business Law Section, Business Bankruptcy Committee: Chair of the Subcommittee on Tax and Government Claims; Member, Intellectual Property Task Force
  • American Bankruptcy Institute
  • Allegheny County Bar Association, Bankruptcy and Commercial Law Section

Other

  • Certified by The American Board of Certification as a Business Bankruptcy Specialist*
  • Law Clerk for the Honorable Mary F. Walrath, United States Bankruptcy Court for the District of Delaware
  • "Pennsylvania Super Lawyer Rising Star" for Bankruptcy & Creditor/ Debtor Rights, Business/ Corporate, and Mergers & Acquisitions
  • Pittsburgh Musical Theater, Governing Board Member (2005 - present)
  • The Best Lawyers in America, Bankruptcy and Creditor-Debtor Rights Law

* There is no procedure in the State of West Virginia for approving certifying organizations.