A tenacious dealmaker and gifted courtroom advocate. You want Josh on your side of the negotiating table when faced with the thorniest restructuring issues. Josh has exceptional judgement and maintains a unique ability to work together with opposing parties to form consensus and resolve matters.” - The Legal 500 U.S., 2022
Josh Sussberg is a member of the Firm’s Executive Committee and is a partner in the Restructuring Practice Group.
Described by The American Lawyer on August 3, 2023 as “the nation’s leading restructuring lawyer,” Josh is consistently recognized as one of the country’s preeminent restructuring attorneys. For the first half of 2023, Bankruptcydata noted that Josh is “the busiest partner on the lead counsel front.” Bloomberg Law News reported on October 5, 2022, that “Josh Sussberg is possibly the most ubiquitous bankruptcy attorney in the US, appearing often in courts from New York to Texas.” Josh was recently ranked Band 1 both in New York and Nationwide by Chambers USA, America’s Leading Lawyers for Business. The 2023 edition of Chambers USA noted that Josh “is by far one of the most creative lawyers and a gifted communicator.” Previous Chambers reports state Josh “is excellent in his business acumen, client focus and responsiveness, and has the ability to maintain calm in the midst of chaos and under great pressure,” further describing Josh as “an exceptional lawyer,” “very experienced and decisive,” and “the best at strategizing.” He was praised for being “wonderful in court” and “deeply in the details and always looking for practical solutions.”
Josh is a Fellow of the American College of Bankruptcy. Most recently, The New York Law Journal recognized Josh as a “Dealmaker of the Year” at its 2023 New York Legal Awards. Josh was identified as one of the top 100 Restructuring Professionals, “Distinction in Dealmaking” by the Global M&A Network. Josh was also recognized as a “Market Leader” in the 2022 and 2021 IFLR 1000. In August 2022, Josh was recognized by Business Insider as one of the top 16 Bankruptcy lawyers in the country. Josh was recognized by The Deal as the 2021 Debtor Counsel of the Year (Large Cap) and a Law360 2021 MVP.
Josh is consistently recognized as a “leading lawyer” in The Legal 500 U.S. The 2020 edition of The Legal 500 U.S. cited Josh as a consumer and retail expert, with one source noting he is “as good as it gets in the bankruptcy area.” Josh was identified in the 2023 Lawdragon 500 Leading US Restructuring & Insolvency Lawyers and the 2020 Lawdragon 500 Leading Global Restructuring & Insolvency Lawyers.
Also a Law360 2019 MVP, Josh was recognized in the 2019 Legal 500 and the 2019 IFLR1000 and Josh was also named an Outstanding Restructuring Lawyer by Turnarounds & Workouts in December 2018, recognizing 15 lawyers nationwide who are leaders in the bankruptcy field. The Deal recognized Josh 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.”
Previous editions of Chambers USA cited clients describing Josh as:
- “one of the most brilliant lawyers at negotiating consensual resolutions;”
- “he’s a really good advocate for his clients;”
- “an experienced attorney with tremendous depth in restructuring from a legal and commercial perspective;”
- he ”makes things happen and moves mountains at times;”
- “the quintessential big-case advisor;”
- “very bright and incredibly diligent;”
- “an outstanding lawyer;”
- “masterful,” in the context of a recent particularly daunting corporate bankruptcy filing, where “he found the best outcome for everyone” and did an “extraordinary job;”
- “a great lawyer; practical and solution-oriented;”
- “. . . extremely creative, smart and hard-working, and also easy to work with and a great problem solver;”
- “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;”
- “great courtroom presence” and
- “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.
Co-Author, “The Clear Case for Prepacks: Understanding Prepackaged Bankruptcies and Dispelling Criticism,” Norton Journal of Bankruptcy Law and Practice, Vol. 31, Issue 2, April 2022.
Co-Author, “Chapter 11 Overview,” LSTA Handbook of Loan Syndications and Trading, February 2022.
Co-Author, “Speeding Through Chapter 11: An Overview of Expedited Prepackaged Bankruptcies and Why Critics Are Flat Wrong,” American Bankruptcy Institute Journal, September 2021.
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.
Co-Author, “Debt-for-Equity Exchanges and Media Companies,” Dow Jones Daily Bankruptcy Review, October 21, 2009.
Note, Shattered Dreams: Hazing in Intercollegiate Athletics, 24 Cardozo L. Rev. 1421.
Co-Author, Chapter 18, "Lender Liability Considerations," Reorganizing Failing Businesses, Revised Edition, A Comprehensive Review and Analysis of Financial Restructuring and Business Reorganizations.
Co-Author, “Is the Calculus of Restructurings Becoming Less Calculable?,” Bloomberg Corporate Law Journal, Vol.1, Issue 3, Summer 2006.
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.
Co-Author, “For Subprime Lenders — A Primer on the Bankruptcy Code,” Dow Jones Daily Bankruptcy Review, March 28, 2007.
Panelist, Talc Liability Resolution in Class Action, The Beard Group’s 2023 Class Action Money & Ethics Conference, New York, NY, May 8, 2023.
Panelist, First Day by Reorg: A Review of Chapter 11 Filings in 2022, American Bankruptcy Institute Webinar, February 13, 2023.
Panelist, The Great Crash: Crypto Bankruptcy, Blockchain and Digital Assets 2022: Key Issues for the Digital Future, Practising Law Institute, San Francisco, CA, December 14, 2022.
Moderator, The Economy and Current and Future Cases, The Beard Group’s 29th Annual Distressed Investing Conference, New York, NY, November 28, 2022.
Moderator, The Great Debate: Real Estate Valuation in the Face of a Global Pandemic, The Beard Group’s 28th Annual Distressed Investing Conference, New York, NY, November 29, 2021.
Moderator, America Now! views from the Bench, ABI’s International Insolvency & Restructuring Symposium & Cross-border Insolvency Program, November 18, 2021.
Panelist, Restructuring Recap: Retail, 12th Annual Restructuring & Distressed Investing Turnaround Atlas Awards, January 21, 2021.
Moderator, Bankruptcy Time Travel, ABI Annual Winter Leadership Conference, December 4, 2020.
Moderator, Beard Conference, Distressed Retail Restructuring and Investing, November 30, 2020.
Mourant & South Square Webinar, International Restructuring Update, October 14, 2020.
Titans Panel, TMA Annual Conference, September 17, 2020.
Moderator, Why Venue Matters in Chapter 11 Cases, ABI's 31st Annual Winter Leadership Conference, Rancho Palos Verdes, California, December 6, 2019.
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.
Adjunct Professor, Syracuse University School of Law
Chambers Global, The World’s Leading Business Lawyers, 2020–2023
Chambers USA, America's Leading Lawyers for Business, 2011–2023
UJA Young Leadership Award 2019 – First Recipient
Law360, 2019 MVP, Bankruptcy
Law360, 2019 Bankruptcy Editorial Advisory Board
The Deal, Consumer/Retail Lawyer of the Year, 2018
The Legal 500 United States, 2019–2023
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
American College of Bankruptcy
New York City Bar Association
New York State Bar Association
American Bar Association
UJA-Federation of New York, Bankruptcy & Restructuring Committee
Benjamin N. Cardozo School of Law Alumni Association Executive Committee, Member of Dean’s Advisory Committee
Admissions & Qualifications
- 2004New York
- United States Bankruptcy Court for the Northern District of Illinois, Eastern Division
- United States Bankruptcy Court for the Southern District of New York
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Northern District of Illinois
- United States District Court for the Southern District of New York
- 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 laude2000Undergraduate Honors Program