Joshua Levin-Epstein is Of Counsel to the New York office. Joshua maintains a multi-disciplinary practice that provides clients with results-driven, cost-effective services on a broad range of business related and corporate matters.
Prior to joining Shiboleth LLP, Joshua was part of the Restructuring, Bankruptcy, and Creditors’ Rights practices at Dewey & LeBoeuf LLP and Loeb & Loeb LLP where he represented debtors, creditors, indenture trustees, committees, claims traders, and financial institutions in corporate bankruptcy cases. Mr. Levin-Epstein represented clients in prominent matters relating to adversary proceeding litigation, the reclamation and recoupment of property under state and federal law, the representation of landlords to assert claims for administrative rent, out-of-court restructurings, claims trading and litigation involving substantial claims, foreclosure, among other constituencies in restructurings and bankruptcy cases.
Before entering private practice, Mr. Levin-Epstein served as Law Clerk to the Honorable Alan H.W. Shiff in the United States Bankruptcy Court for the District of Connecticut (Bridgeport Division).
Publications and Research
- Author: Dubious Distinction: A Cautionary Tale of Stockton’s Bankruptcy Firsts, Bloomberg BNA Law Reports, Vol. 24, No. 44, November 15, 2012.
- Co-author: The Case for Congressional Intervention to Amend the Examiner Statute, Bloomberg Law Reports, Vol. 4, No. 39, September 29, 2010.
- Research attribution in: Martin J. Bienenstock, A Fiduciary Duty to Kill a Company?: Lessons From One Court’s Refusal to Dismiss Breach of Loyalty Claims, New York Law Journal, September 15, 2008.
Select Representations & Transactions:
Bankruptcy Litigation & Creditors’ Rights Litigation:
- Represented various financial institutions and secured lenders as defendants in connection with claims arising under home mortgage loans, including claims arising under the Fair Debt Collection Practices Act, Truth in Lending Act, Real Estate Settlement Procedures Act, and other claims arising under home mortgage loans, in Bankruptcy Courts and New York State Supreme Court.
- Represented various individual and corporate defendants in avoidance actions and fraudulent conveyance actions.
- Represented JPMorgan Chase Bank, National Association as a defendant in an adversary proceeding in In re: Imagepoint, Inc. for the turnover of funds.
- Represented several clients as defendants in adversary proceedings arising out of Ponzi schemes such as in In re: Bernard L. Madoff Investment Securities LLC for the turnover of funds.
- Represented Texaco Inc. as counsel to the Reorganized Debtor in a discharge enforcement action.
- Represented various financial institutions, noteholders, equipment lessors, and other creditor constituencies in the enforcement and foreclosure of collateral.
- Represented various landlords in In re: Borders in the enforcement of administrative payment obligations, cure amounts, and procedures for the assignment and rejection of lease obligations.
Indenture Trustee and DIP Agent:
- Represented Wells Fargo Bank, National Association, in its capacity as successor indenture trustee, in In re: Washington Mutual Inc.
- Represented U.S. Bank, National Association, in its capacity as Indenture Trustee, in In re: Local Insight Media Holdings, Inc.
- Represented Wells Fargo Bank, Northwest N.A., in its capacity as Collateral Trustee, in In re: Borders Group, Inc.
- Represented Wells Fargo Bank, N.A., in its capacity as DIP Agent in In re: EPV Solar, Inc.
- Represented Deutsche Bank, in its capacity as Indenture Trustee, in various matters.
- Represented the AASI Creditor Liquidating Trust in In re: All American Semiconductor, Inc. et al. Supervised the entire claims objection process, which included the filing of approximately 500 objections and omnibus objections, drafted fee applications, negotiated claims, assisted with quarterly reports, and commenced lawsuits with respect of asset recoveries.
- Represented the Debtor in In re: G-I Holdings Inc., et al. Drafted sections of the disclosure statement and plan of reorganization, drafted sections of the plan confirmation memorandum, supervised the claims reconciliation process, drafted memoranda with respect of injunction issues concerning third-parties and plans of reorganization.
- Represented the Debtor in Ames Department Stores, Inc., et al. Drafted sections of amended liquidating plan of reorganization, filed objections to various landlord claims, drafted fee applications, and supervised claims reconciliation process, including the filing of objections to claims.
- Represented the Debtor in In re Capmark Financial Group, Inc. Drafted “first-day” pleadings, including first day affidavit, employment applications, cash collateral motion, prepared bankruptcy petitions and schedules, drafted memoranda advising the company on certain aspects of bankruptcy, including executive compensation claims.
Creditor Representations & Distressed Asset Acquisitions:
- Represented the Royal Bank of Scotland and various hedge funds in In re Lehman Brothers Holdings, Inc., including advisement on the procedures the Debtors’ established for the filing of claims, advisement on the potential distributions, drafted objections to certain motions with respect of the procedures for filing claims, advised clients on a daily basis of all bankruptcy related events.
- Represented the Northwestern Mutual Life Insurance Company in In re: EnviroSolutions of New York, LLC.
- Conducted due diligence on $1 billion in aggregate performing and non-performing commercial real estate loans.
- Represented the purchaser of a substantial portfolio of performing and distressed assets.
- Represented JetBlue Airways Corporation in In re: Borders in the enforcement of commercial leases in its airport terminals.
- Represented clients in the reclamation and recoupment of collateral in state court and bankruptcy court.