Our People

Joseph T. Moldovan

Partner & Chair, Business Solutions; Co-Chair, Alternative Dispute Resolution
V-Card
Tel: 212.735.8603
Mobile: 917.693.9682
Fax: 917.522.3103
Email: jmoldovan@morrisoncohen.com

Joe is the Chair of the Business Solutions, Restructuring & Governance Practice at Morrison Cohen. He leads a team consisting of veteran bankruptcy, corporate, finance, litigation, benefits, and tax professionals in a multidisciplinary approach to a national bankruptcy practice.

For over three decades, Joe has been regularly representing debtors, committees, creditors, shareholders, trustees, and financial institutions on all levels of the capital structure in all transactional and litigation aspects of bankruptcy cases, prepackaged Chapter 11 cases, Section 363 sales, out-of-court restructurings, workouts, and buyouts in jurisdictions throughout the United States. He serves as counsel in senior loan facilities, debtor-in-possession financings, second lien financings, and mezzanine debt loans on both the lender and company side. He counsels buyers and sellers of financially distressed assets and provides strategic advice on business opportunities, the bankruptcy implications of transactions, and transaction or enterprise structuring and financing in connection with traditional corporate and real estate matters and unusual situations such as Broadway theatrical productions. Additionally, he is involved in numerous real estate restructuring, litigation, and insolvency matters on behalf of real estate lenders, special servicers, developers, and investors, as well as commercial landlords and tenants.

A significant portion of his time is spent advising boards of directors, special committees, audit committees, compensation committees, independent directors, chief executive officers, company founders, and other members of senior management with respect to their duties and obligations to, and exposures in connection with, financially troubled companies or acquisition targets, and in connection with securities transactions, SEC investigations, and related regulatory matters.

He serves on the panels of mediators and neutrals for several federal courts and the Commercial Division of the New York State Supreme Court, New York County and has been engaged as a private mediator for parties in complex securitization litigation involving RMBS as well as a court appointed mediator for commercial, contractual, and mortgage securitization disputes in bankruptcy cases. 

Mediation Panel Appointments and Private Mediation Activities

  • Mediator, Panel of Neutrals of the Alternative Dispute Resolution Program of the Commercial Division of the Supreme Court of the State of New York, County of New York. Have mediated a wide variety of commercial cases including breach of contract, construction, and employment.
  • Mediator, Mediation Panel For Indemnification Claims of Lehman Brothers Holdings Inc. and Affiliated Debtors against Mortgage Loan Sellers, appointed pursuant to Court order in Lehman Brothers Holdings Inc., et. al. Chapter 11 Case No. 08-13555 (SCC) United States Bankruptcy Court for the Southern District of New York. Mediations involving representation and warranty claims in residential backed mortgage securities matters where Lehman is the plaintiff and various banks and other financial institutions are defendants.
  • Mediator, Register of Mediators of the United States Bankruptcy Court for the Southern District of New York. Selected by parties in bankruptcy cases and then appointed by Court order to mediate various matters including adversary proceedings and discharge issues.
  • Mediator, Register of Mediators of the United States Bankruptcy Court for Eastern District of New York.
  • Mediator, Mediation Panel of The Bankruptcy Court for the District of Delaware. Appointed by the Court order to mediate various matters including adversary proceedings and preference disputes.
  • Selected by parties for private mediation to mediate complex securitization dispute arising from the sale of mortgaged back securities in an action in the United States District Court for the District of Colorado.
  • As debtor’s or committee’s counsel for over 30 years in complex in and out of court corporate restructurings, have been responsible for leading settlement negotiations of debtor/creditor and intercreditor disputes.
  • Have participated as counsel to parties in numerous court-directed and voluntary mediations of commercial disputes.

Professional Activities

American Bar Association, Business Bankruptcy Committee

  • Co-Chair, ABA Subcommittee on Partnerships in Bankruptcy of the Business Bankruptcy Committee (1997 - 99).
  • Vice-Chair, ABA Ad Hoc Committee on Partnerships in Bankruptcy (1995 - 99).
  • Vice-Chair, ABA Task Force on Limited Liability Entities (1994 - 99).
  • Vice-Chair, ABA Business Bankruptcy Subcommittee on Use and Disposition of Property (1995 - 98).
  • Committee on Corporate Governance

Association of the Bar of the City of New York 

  • Member, Alternative Dispute Resolution Committee.
  • Chair, Subcommittee on Advertising (1983 - 86), Association of the Bar of the City of New York Consumer Affairs Committee (1983 - 86).

Recognition

Lead member of team at MoCo awarded M&A Advisor Award for Deal of the Year (Over $1 Billion) for the section 363 bankruptcy sale of Residential Capital LLC, where MoCo represented the Independent Directors of Residential Capital. The M&A Advisor Awards recognizes team and firm excellence in deal making, restructuring and financing.
Member, Brooklyn Law School Law Review
“Best Lawyer” for Litigation-Bankruptcy in New York by Best Lawyers in America, 2020
New York Super Lawyers, 2006 - present
Martindale-Hubbell® - AV Rated