Joseph Bain is a partner in the Litigation Practice Group and is co-leader of the bankruptcy, restructuring and creditors’-debtors’ rights team.
Joe has a broad range of experience representing every major constituency in bankruptcy cases and in out of court restructurings. He has represented debtors, official committees of unsecured creditors and other committees, boards of directors, secured lenders, unsecured (trade) creditors, and bankruptcy trustees. In addition, Joe regularly represents private equity funds, hedge funds, and venture capital funds in distressed situations, including as purchasers in distressed acquisitions (363 sales) and in mitigating risks associated with prior investments.
Joe regularly advises clients on and litigates a number of insolvency related issues, including valuation, Chapter 11 plan confirmation, international (Chapter 15) bankruptcy issues, issues affecting boards of directors, Chapter 7 liquidations, financing and cash collateral disputes, contested 363 sales, fraudulent transfers, preferences, receivership issues, disputes with trustees, equitable subordination, issues stemming from an assignment for the benefit of creditors, recharacterization, substantive consolidation, breach of fiduciary duty, and similar issues.
Joe’s practice has a particular emphasis in the energy industry, where he regularly advises clients on restructuring matters that are specific to the oil, gas, and energy industries, including industry specific plan confirmation issues, recharacterization risks, executory contract issues, treatment of statutory liens, treatment of utilities, application of bankruptcy safe harbors, and treatment of plugging and abandonment liabilities.
Joe also maintains an active commercial litigation practice and has litigated a diverse range of issues, including contractual disputes, oil and gas issues, franchise agreement disputes, collection issues, royalty disputes, partnership disputes, and personal injury. He has represented clients in federal and state courts across the country.
Prior to practicing law, Joe was an accountant and financial analyst for a Fortune 50 company.