Overview

Josh Sussberg is a partner in the Restructuring Group. Josh represents debtors, creditors, equity holders, sponsors, boards of directors and investors in all aspects of restructuring stressed and distressed companies.

The 2019 edition of Chambers USA, America's Leading Lawyers for Business noted that clients consider Josh to be an “outstanding lawyer,” with one source noting that Josh was “masterful” in a recent particularly daunting corporate bankruptcy filing, where “he found the best outcome for everyone” and did an “extraordinary job.”

Most recently, Josh was chosen as one of five bankruptcy attorneys nationwide as a Law360 2019 MVP. Josh was also recognized in the 2019 Legal 500 and the 2019 IFLR1000, Josh was named an Outstanding Restructuring Lawyer by Turnarounds & Workouts in December 2018, recognizing 15 lawyers nationwide who are leaders in the bankruptcy field. Josh was also recently recognized by The Deal as the 2018 Consumer/Retail Lawyer of the Year following representations of companies including Toys R Us, BCBG, Gymboree, Mood Media and Charming Charlie. The 2018 Legal 500 recognized Josh as “tireless and super bright” and a key member of “one of the most pre-eminent law firms for US restructuring.”

Recognized in Chambers each year since 2011, Josh has been described as “a great lawyer; practical and solution-oriented,” with one source noting: “He is extremely creative, smart and hard-working, and also easy to work with and a great problem solver.” Other editions of Chambers USA describe Josh as “excellent,” with clients praising his industrious work ethic and “very commercial” approach to matters; “practical, easy to work with and deal oriented in the sense he recognizes the best way to get a deal done is to work together.” Chambers USA has also recognized Josh’s “great courtroom presence,” with commentators noting that he is an “absolute pleasure to work with and against.”

In May 2019, Josh was awarded the first ever Young Leadership Award by UJA-Federation of New York Bankruptcy and Reorganization Group. In 2017, Josh was selected to the American Bankruptcy Institute’s inaugural “40 under 40” list, recognizing bankruptcy, insolvency and restructuring professionals from around the world. Josh was named an Outstanding Young Restructuring Lawyer by Turnarounds & Workouts in 2014. Josh was recognized as a "New York Super Lawyer" in Super Lawyers magazine's 2013–2018 rankings. Previously he had been recognized as a "Rising Star" in 2011 and 2012.

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Thought Leadership

Publications

Contributing Editor, Norton Journal of Bankruptcy Law & Practice.

Co-Author, “Surviving Retail Distress: How Some Retailers Proved 'Exceptions to the Rule,'” Journal of Corporate Renewal, January 25, 2018.

Co-Author, “Hitting a Moving Target: Why Brick and Mortar Retail is Alive and Well,” New York Law Journal, September 15, 2017.

Co-Author, “Need for Speed: Utilizing Hybrid Solicitation Strategies to Shorten Ch. 11 Cases,” BNA's Bankruptcy Law Reporter, October 2012.

Co-Author, Second Circuit: Pension Termination Premium Arises Upon Discharge, Cannot be Discharged, American Bankruptcy Institute: Labor and Employment Committee Newsletter, January 2010.

Debt-for-Equity Exchanges and Media Companies, Dow Jones Daily Bankruptcy Review, October 21, 2009, by Jonathan Henes and Joshua Sussberg.

Note, Shattered Dreams: Hazing in Intercollegiate Athletics, 24 Cardozo L. Rev. 1421.

Co-Author, Reorganizing Failing Businesses, Revised Edition, A Comprehensive Review and Analysis of Financial Restructuring and Business Reorganizations, Chapter 18, Lender Liability Considerations.

Is the Calculus of Restructurings Becoming Less Calculable?, Bloomberg Corporate Law Journal, Volume 1, Issue 3, Summer 2006, by Martin J. Bienenstock & Joshua A. Sussberg.

Third Circuit Affirms Denial of Confirmation of Plan Based Upon Strict Reading of Absolute Priority Rule, Weil, Gotshal & Manges LLP Bankruptcy Bulletin, Vol. 13, Issue 3, March 2006.

For Subprime Lenders — A Primer on the Bankruptcy Code, Dow Jones Daily Bankruptcy Review, March 28, 2007, by Paul M. Basta, Leonard Klingbaum & Joshua Sussberg.

Seminars

Speaker, Retail and Fashion Brand Restructurings: Pitfalls and Opportunities, Fashion and Retail Law 2019: Trends and Developments Seminar, Practising Law Institute, New York, NY, June 7, 2019.

Panelist, Quarter-Century Practitioners’ Discussion, Beard Group Inc. 25th Annual Distressed Investing Conference, New York, NY, November 26, 2018.

Speaker, Restructuring and Refinancing Retail and Fashion Brands and Businesses, Fashion and Retail Law 2018: Trends and Developments Seminar, Practising Law Institute, New York, NY, May 2, 2018.

Panelist, Retail Trends and Forecasts for 2017 and Beyond, Expert Webcast, New York, NY, November 9, 2017.

Panelist, Wharton Restructuring and Distressed Investing Conference (Distressed Energy, New York, NY, February 24, 2017.

Panelist, Plan Support Agreements/Pre-Arranged Cases, ABI's 25th Annual Winter Leadership Conference, Rancho Palos Verdes, California, December 7, 2013.

Panelist, Debtwire Distressed Debt Forum (Discussion: Analyzing In-Court Bankruptcy Trends, New York, NY, May 21, 2013.

Panelist, 9th Annual Wharton Restructuring and Distressed Investing Conference (Case Study: AMF Bowling, Inc. – Bowling a Strike in the Middle Market, Philadelphia, PA, February 22, 2013.

Panelist, Claims Trading: Effect of CDSs in Bankruptcy and How It Drives Negotiations and Results, 13th Annual New York City Bankruptcy Conference, May 6, 2011.

Panelist, Avoid Common First Year Pitfalls, New York City Bar, November 2, 2006.

Recognition

Law360, 2019 MVP, Bankruptcy

UJA Young Leadership Award 2019 – First Recipient 

Law360, 2019 Bankruptcy Editorial Advisory Board

IFLR1000, 2019

The Deal, Consumer/Retail Lawyer of the Year, 2018

Legal 500, 2018, 2019

Chambers USA, America's Leading Lawyers for Business, 2011–2019

American Bankruptcy Institute, 40 Under 40, 2017

Turnaround & Workouts, Outstanding Restructuring Lawyer, 2018

Turnaround & Workouts, Outstanding Young Restructuring Lawyer, 2014

New York Super Lawyers, 2013–2018

New York Super Lawyers, Rising Star, 2011–2012

The American Lawyer, Young Lawyer Editorial Board

Memberships & Affiliations

New York City Bar Association

New York State Bar Association

American Bar Association 

UJA-Federation of New York, Co-chair of UJA Next Generation Bankruptcy Committee

Benjamin N. Cardozo School of Law Alumni Association Executive Committee, Member of Dean’s Advisory Committee

Credentials

Admissions & Qualifications

  • 2004New York

Courts

  • United States Bankruptcy Court for the Northern District of Illinois, Eastern Division
  • United States Bankruptcy Court for the Southern District of New York

Education

  • Benjamin N. Cardozo School of LawJ.D.cum laude2003

    Order of the Coif

    Symposia Editor, Benjamin N. Cardozo Law Review

  • Syracuse University, S.I. Newhouse School of Public CommunicationsB.S.magna cum laude2000
    Undergraduate Honors Program