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Lawyers

Josh Sturm

Lawyers

Represents clients in complex chapter 11 cases, cross-border insolvencies, out-of-court restructurings, bankruptcy litigation and asset sales.

Josh represents creditors, committees, debtors, sponsors, purchasers and other strategic parties in complex chapter 11 cases, cross-border insolvencies, out-of-court restructurings, bankruptcy litigation and asset sales.

He also advises on matters relating to investments in distressed businesses. In addition, he has significant experience litigating bankruptcy appeals.

Experience highlights

Creditors
  • Fieldwood Energy - group of prepetition secured lenders and DIP lenders in chapter 11 restructuring
  • California Resources - group of secured term loan lenders in chapter 11 restructuring
  • Murray Energy - group of superpriority secured lenders in chapter 11 restructuring
Debtors
  • Aeroméxico in chapter 11 restructuring
Asset Purchasers
  • KPS Capital Partners in $2.6 billion stalking horse bid for Garrett Motion

Before joining Davis Polk, Josh's representations included:

Creditors
  • Baupost Group funds holding $3.6 billion in subrogation claims in Pacific Gas and Electric Company's chapter 11 cases
  • Elliott Management as largest unsecured creditor in Energy Future Intermediate Holding's chapter 11 cases
  • Global A&T Electronics - group of noteholders in prepackaged chapter 11 restructuring
  • NewPage - group of term lenders in pre-negotiated simultaneous chapter 11 cases of NewPage and its corporate parent, Verso
  • Nortel Networks - official committee of unsecured creditors in chapter 11 cases, including cross-border multinational litigation over allocation of $7.3 billion of asset sale proceeds
Debtors
  • Kaisa Group Holdings in chapter 15 case recognizing an international restructuring of $3 billion in debt through consensual Cayman and Singapore proceedings
  • Gawker Media in chapter 11  restructuring
Asset Purchasers
  • Key Food Stores Co-Operative in its successful chapter 11 section 363 stalking horse bid for 23 A&P grocery stores
Bankruptcy Appellate Litigation
  • Liaison counsel to Tribune Company shareholder defendants in successful fraudulent transfer litigation seeking clawback of $8 billion in LBO proceeds, including precedent-setting SDNY and Second Circuit rulings regarding scope of Bankruptcy Code securities safe harbor
  • Indenture trustee for $250 million of Momentive Performance Materials 1.5 Lien Notes in appeal of plan confirmation, including precedent-setting Second Circuit appeal regarding establishing cramdown interest rates and enforceability of make-whole provisions in chapter 11 cases
Supreme Court Bankruptcy Cases
  • Successful appellant in Bullard v. Blue Hills Bank, establishing that bankruptcy court judgments denying plan confirmation do not constitute “final” judgments appealable as of right
  • Appellant in Executive Benefits Insurance Agency v. Arkison, addressing nature and scope of Article I Bankruptcy Court constitutional authority
View all experience

Insights

Education
J.D., Harvard Law School
B.A., Economics and History, Yeshiva University
  • summa cum laude
Professional history
  • Counsel, Davis Polk, 2020-present
  • Counsel, Ropes & Gray, 2017-2020
  • Associate, Ropes & Gray, 2013-2017
  • Associate, Akin Gump Strauss Hauer & Feld, 2008-2013
  • Associate, Cravath Swaine & Moore, 2006-2008
Qualifications and admissions
  • Commonwealth of Massachusetts
  • State of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, S.D. New York
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