Joe Bodoff has over forty years of experience in bankruptcy, insolvency and creditors’ rights matters and commercial litigation. Joe regularly represents debtors, secured creditors, trade creditors, landlords, equity holders, purchasers of assets and other parties in interest in bankruptcy, Chapter 11 reorganizations and out-of-court workouts. The broad nature of his practice has exposed Joe to virtually every aspect of commercial law. He has participated in the financial restructuring of businesses in numerous industries, including manufacturing, retail, wholesale, technology, service, finance, utilities, health care, agriculture and real estate. His litigation experience includes prosecuting and defending preference and fraudulent transfer actions, successor liability claims, personal guaranties and complex contract disputes. Some of his successes include:
- Filed involuntary bankruptcy petition to stop sale of business and then prosecuted suit against bank to void cross-collateralized corporate guaranty. Resulting seven-figure settlement yielded creditors 50 cents on the dollar.
- Obtained denial of bankruptcy discharge of dentist who reopened his dental practice under a new name in order to avoid payment of debt to largest creditors.
- Successfully defended multi-million suit on guaranty based on evidence of lender’s improper interference in borrower’s business.
- Devised Chapter 11 plan that forced major creditor to release principals of debtor company from their guaranties of $9 million of corporate debt.
- Obtained 100 percent payment for unsecured creditors in Chapter 11 of antenna manufacturer.
- Lead counsel in complex, multi-million dollar lawsuit claiming overcharging by seller under pricing provision of supply agreement resulted in favorable settlement.
- Obtained half-million dollar judgment in arbitration of dispute over agreement that provided for reimbursement to party providing collateral under standby letter of credit.
Joe Bodoff is the author of the Creditors’ Committee Manual (Sixth Edition), published by the American Bankruptcy Institute. Joe and the ABI executive director recently discussed how creditors’ committee participation in Chapter 11 has changed over the last decade ABI podcast.
Recognition and Awards
- “Cosi Files New Creditor-Backed Reorganization Plan,” mentioned in Law360 Bankruptcy (Mar. 24, 2017)
- American Bankruptcy Institute Annual Conference – honored, Eye on Bankruptcy conference luncheon (Dec. 2015)
- Martindale-Hubbell – rated AV Preeminent for Ethical Standards and Legal Ability (2009-2015)
- Super Lawyers (2008-2015)
Professional and Community Involvement
- Member, American Bar Association, Business and Litigation sections; Business Bankruptcy Committee
- Member, Boston Bar Association, Bankruptcy, Litigation, Business Transactions, Financial Services and Health Law sections
- Past Member, American Bankruptcy Institute, Board of Directors and Executive Committee; past Co-chair, Unsecured Trade Creditor Committee
- Past Co-Chair, American Bankruptcy Institute, Unsecured Trade Creditor Committee
Publications and Speaking Engagements
- Author, Creditors’ Committee Manual, Sixth Ed., American Bankruptcy Institute (Nov. 2015)
- “Towards Bankruptcy Proofing Client Services Agreements,” PEO Insider Magazine (March 2009)
- “The Unsecured Creditors’ Committee,” Bankruptcy Business Acquisitions (2006)
- “Limiting Exclusivity,” 4 Am. Bankr. Inst. L. Rev. 496 (1996)
- “Cramdown: The Ultimate Chapter 11 Threat,” MCLE (1992)
- “Pre-Bankruptcy Supply Agreements,” ABI Northeast Bankruptcy Conference Bretton Woods, New Hampshire (2009)
- “Legal Aspects of International Credit,” NACM-New England International Credit Group, Wellesley, Massachusetts (2006)
- “Theories of Liability Against Principals of Debtor,” NACM Eastern Regional Credit Conference Mashantucket, Connecticut (2006)
- “Ten Things You Should Know About the New Bankruptcy Law,” NACM Eastern Regional Credit Conference Boston, Massachusetts (2005)
- “The New Bankruptcy Code: Explanation and Outlook,” BBA Continuing Legal Education, Boston, Massachusetts (2005)
- “PACA and Bankruptcy,” Pacific Northwest Credit Conference Portland, Oregon (2004)
- “Detecting and Fighting Credit Fraud,” National Footwear and Apparel Credit Association, Providence, Rhode Island (2004)
- “Defending Preference Actions,” NACM-New England, Wellesley, Massachusetts (2003)
- “Critical Vendors,” National Forest Products Credit Group, Montreal, Quebec (2003)