Josh Sturm
  1. Counsel

Mr. Sturm is counsel in Davis Polk’s Corporate Department, practicing in the Restructuring Group. He 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.

Work Highlights

Before joining Davis Polk, Mr. Sturm’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 Corp. as largest unsecured creditor in Energy Future Intermediate Holding Company LLC chapter 11 cases
  • Ad hoc group of Global A&T Electronics Ltd. noteholders in high-speed prepackaged New York bankruptcy court restructuring
  • Ad hoc group of NewPage Corp. term lenders in pre-negotiated simultaneous chapter 11 cases of NewPage and its corporate parent, Verso Corp.
  • Official committee of unsecured creditors in chapter 11 case of Nortel Networks Inc., including cross-border multinational litigation over allocation of $7.3 billion of asset sale proceeds
DEBTORS
  • Kaisa Group Holdings Ltd. in chapter 15 case recognizing an international restructuring of $3 billion in debt through consensual Cayman and Singapore proceedings
  • Gawker Media, LLC in chapter 11 case resulting in fully consensual restructuring
  • Inner City Media Corp. in contested involuntary chapter 11 proceedings, resulting in successful section 363 auction and plan
ASSET PURCHASERS
  • Consortium of Philadelphia-area hospitals in winning section 363 bid for Hahnemann University Hospital residency slot assets
  • Key Food Stores Co-Operative Inc. 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 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

Professional History

  • Davis Polk since 2020
  • Counsel, Ropes & Gray, 2017-2020
  • Associate, Ropes & Gray, 2013-2017
  • Associate, Akin Gump Strauss Hauer & Feld, 2008-2013
  • Associate, Cravath Swaine & Moore, 2006-2008

Practice Focus

Bar Admissions

  • State of New York
  • Commonwealth of Massachusetts
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, S.D. New York

Education

  • B.A., Economics and History, Yeshiva University, 2004
    • summa cum laude
  • J.D., Harvard Law School, 2006