Josh Divack represents financial institutions as secured creditors in Chapter 11 bankruptcy cases, corporate restructurings, and workouts. He has handled cases in U.S. bankruptcy courts from coast to coast.
Josh has particular experience in cash collateral and DIP financing matters, bankruptcy court sales, and UCC Article 9 matters, including secured party dispositions. He frequently advises on bankruptcy and insolvency issues that arise in the structuring and documentation of commercial lending transactions.
Josh also shares his knowledge through presentations for clients, legal professionals, and industry groups, offering critical insights on cash collateral and bankruptcy financing.
experience
- Represented the senior lender in the New York Chapter 11 case of a sports- and entertainment-branded home textiles manufacturer.
- Represented the preferred shareholder in the Delaware pre-packaged Chapter 11 case of a California wine country resort hotel, which provided DIP funding and converted its interest into 100% equity ownership of the reorganized entity.
- Represented the senior lender in the Salt Lake City Chapter 11 case of a modular building space provider.
- Represented the senior mortgagee in the New York Chapter 11 case of a shopping center in suburban Cleveland.
- Represented the stalking horse bidder and bridge DIP lender in the Austin Chapter 11 bankruptcy sale of a technology company specializing in password authentication access management.
- Represented the plan proponent in the Miami Chapter 11 case of an air cargo carrier, which converted senior secured claims into 100% equity ownership of the reorganized entity