JOSEPH PACK
Member of the New York, Florida, and Wyoming Bar
As a corporate restructuring attorney and actively-licensed Certified Public Accountant, Joseph “Joe” Pack understands business. Having spent numerous years handling multi-billion dollar, international chapter 11 matters from Kirkland & Ellis in New York City and White & Case in Miami, Mr. Pack’s deep understanding of how corporate governance, restructuring, and complex lending structures interact sets him apart. Clients can expect bespoke and creative, yet practical, solutions from him and the Firm.
BIO
Credentials
Experience
BIO
Joe Pack is responsive and provides every matter with top-quality representation regardless of size, profitability or publicity. Mr. Pack is regarded as a leading restructuring attorney; Judges have referred to his work on the record as “remarkable,” and he is a recipient of the national, highly coveted “Outstanding Young Restructuring Lawyer” distinction by Turnaround & Workouts among numerous other industry accolades.
Mr. Pack’s career began during his time at Fort Lauderdale’s Pine Crest School, working summers for Soneet R. Kapila, a nationally recognized bankruptcy trustee (and former ABI President) based in the Southern District of Florida. In 2006, at age 21, Mr. Pack graduated first in his class from University of Florida Fisher School of Accounting with a Bachelor’s and Master’s degree in accountancy. He immediately obtained a CPA license and subsequently attended the University of Florida Levin College of Law. Mr. Pack currently teaches Applied Bankruptcy as an annual Adjunct Professor at UF Law.
Credentials
JD, University of Florida, cum laude
MA, Accounting, University of Florida
BA, Accounting, University of Florida, summa cum laude
New York State Bar
Florida State Bar
Wyoming State Bar
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Southern District of Florida
U.S. District Court for the Eastern District of Michigan
U.S. Bankruptcy Court for the Southern District of New York
U.S. Bankruptcy Court for the Southern District of Florida
U.S. Bankruptcy Court for the District of Arizona
U.S. Bankruptcy Court for the Eastern District of Michigan
Industry Accolades:
Turnaround & Workouts “Outstanding Young Restructuring Lawyer,” 1 of only 12 Bankruptcy Attorneys Nationwide selected, (the only select not at a BigLaw firm), 2022
Law.com “Under 40, ‘On the Rise’”, 2022
American Bankruptcy Institute “40 Under 40” Awardee, 2021
WSJ’s New York “Lawyers of Distinction” Invitee, 2022 – 2024
Florida Superlawyer, 2021-2024
Best Lawyers in America, 2021-2024
Co-Chair, Legislative Committee, American Bankruptcy Institute
Annual Adjunct Professor, Advanced Bankruptcy, University of Florida Levin College of Law
Member, American Bankruptcy Institute
Member, Florida Bankruptcy Bar Association
Member, Florida Business Law Section
Leadership Circle Member, Legal Services of Miami
Experience
Debtor Representations
Hurdl
Represented Hurdl Inc., a leading live events marketing company through which communications between artists and brands and their customers, respectively, are driven through high-tech LED bracelets, in its prepackaged chapter 11 case in the Southern District of New York, through which Hurdl shed its multi-million dollar liability and effectuated a debt-to-equity plan that confirmed in only 37 days.
Conexant *
Conexant Systems, Inc., a market leader in the microchip industry, in its consensual pre-arranged Chapter 11 restructuring, in which approximately $195 million of secured debt was exchanged for equity (through an investment vehicle backed by George Soros), enabling Conexant to significantly deleverage its capital structure, and shed burdensome real estate leases.
Dynegy *
Dynegy Inc. in the restructuring of Illinois Power Generating Co. (originally Ameren Energy Resources), an indirect, wholly owned subsidiary of Dynegy, through a prepackaged chapter 11 case that ultimately resulted in Illinois Power Generating’s reduction of over $600 million of debt. Dynegy’s primary business is the production and sale of electric energy, capacity and ancillary services from its fleet of 50 power plants in 12 states totaling approximately 31,000 MW of generating capacity.
Aloft Brickell
Represented Mary Brickell Village Hotel, LLC, the owner of the Aloft Marriott Hotel located in Miami FL, in its Chapter 11 case, the first COVID Chapter 11 case in South Florida
Avenue Stores *
United Retail Group, Inc., a leading retailer of plus-size fashions under the Avenue Stores brand. The company utilized Chapter 11 to exit unprofitable store locations and sell its assets to affiliates of Versa Capital pursuant to a section 363 auction with stalking horse bid.
Metronomic Holdings, LLC
Represented Metronomic in its Chapter 11 case, effectuating and closing the sale of over 20 parcels valued in excess of $20 million in and around Coconut Grove, FL.
Optim Energy *
Optim Energy, LLC, an operator of coal-fired and gas-fired power plants throughout Texas, in its chapter 11 restructuring, including with respect to its section 363 auction sale of its coal plant to Major Oak Power LLC, a Blackstone investment vehicle.
A&P Grocery *
The Great Atlantic & Pacific Tea Company (A&P) in its Chapter 11 cases with respect to its DIP Financing, employment issues, location closures and lease transfers. At the time of its filing, A&P employed more than 40,500 people at 395 stores and listed $2.5 billion in assets and $3.2 billion in debt.
Tronox *
Tronox, Inc. and its affiliates, a leading manufacturer and marketer of titanium dioxide pigment, electrolytics and specialty chemicals, in their complex Chapter 11 cases, where Tronox successfully restructured and resolved massive environmental liabilities through one of the largest environmental settlements in bankruptcy history.
Reader's Digest *
Reader’s Digest Association, Inc., a global multi-brand media company offering books, magazines, entertainment products, online networking websites and educational products to more than 130 million customers in 78 countries, in their pre-arranged Chapter 11 cases.
Banyan Cay Resort & Golf
Represented Banyan Cay Resort & Golf, a $115 million dollar hotel and golf course development in West Palm Beach, ultimately sold to the Witkoff Group through the effectuation of a credit bid process.
Senior Nannies
Represents Senior Nannies and Healthcare Holdings of Florida in their Chapter 11 cases, which entities operate a private in-home health services operation, employing over 1,400 healthcare workers across dozens of locations around the state of Florida.
Star Transportation
Represents Star Transportation PA Inc., a trucking business based out of Miami, Florida, in its effort to restructure over $27 million of debt through a going-concern reorganization of a 400+ fleet of trucks and trailers
Unsecured Creditor Committee Representations
Red Lobster
Florida Counsel to Red Lobster UCC
Acosta *
The ad hoc group of crossover lenders and bondholders of Acosta, Inc., a grocery store supply chain vendor, in the negotiation and implementation of a prepackaged chapter 11 that equitized over $3 billion of debt in approximately one month.
Hercules Offshore *
The ad hoc group of first lien lenders of Hercules Offshore, Inc., an international owner-operator of jack-up drilling rigs and liftboats, in the negotiation and implementation of a prepackaged chapter 11 plan that contemplated the ultimately-successful payment in full, plus a make-whole and controlled liquidation of the company, against the opposition by equity holders.
Bang Energy
Currently representing UCC member and class representative for class action plaintiffs alleging purchases induced by fraudulent labeling.
Nine West *
The indenture trustee of the “2019” unsecured notes in Nine West Holdings, a leading manufacturer, designer and distributor of women’s apparel, in its Manhattan chapter 11 cases, which had approximately $1.6 billion in funded-debt obligations at the time of filing.
1-800-411-PAIN
Counsel to Litigation and Liquidating Trust, overseeing $40 million litigation resulting from an LBO, involving “golden creditor” matters.
DIP lender, buyer and creditor representations
Gorham Paper
Represented the Behrens Investment Group, as DIP Lender and Stalking Horse Bidder and ultimately, the Successful Buyer, in its acquisition of the Gorham Paper manufacturing mill, a co-generation facility previously managed and owned by Lynn Tilton and The Zohar Funds, located in Gorham, New Hampshire.
Sempra Energy *
Sempra Energy (NYSE: SRE), a Fortune 500 energy services holding company, in its bid for the $9.45 billion all-cash acquisition of Energy Future Holdings Corp., which indirectly owns 80% of Oncor Electric Delivery Company, LLC, an operator of the largest electric transmission and distribution system in Texas. The transaction, which created the largest utility holding company in the US, was named “M&A Deal of the Year” by The Deal in 2018.
Rialto *
Rialto Capital, in connection with the origination, and assumption and assignment, of CMBS loans.
Bed Bath & Beyond
Currently representing credit card processing company in multi-million dispute regarding prepetition and post-petition servicing fees and reserves, liens and security interests relating to the reserves.
Virginia True Corporation
Represented seller and holder of seller
financing note in a 900 acre Virginia property, challenging an insider-sponsored 363 process, defeating exclusivity and soliciting creditor sponsored plan, ultimately resulting in a competing debtor liquidating plan that confirmed on creditors’ terms, capturing millions of dollars of value for creditor in defeat of insider sale stalking horse.
Lemnature Aquafarms Corp.
Currently representing principal of Taconic Capital, owner of the largest bond in a multimillion dollar, multi-creditor dispute in a Chapter 7 biotech failure based out of Central Florida.
JBS Brazil
Currently acting as Florida counsel assisting in the defense of purported fraudulent conveyances tied to multi-billion dollar litigation involving the worlds largest meat producer based in Brazil.
Historic & Trophy Buildings Fund
Currently representing Sorgente Asset Management related to purported foreign debts and conveyances related to U.S. assets.
Tree Lane (Hadid)
Represented DIP Lender related Los Angeles Mansion.
Auto Plus
Represented National Auto Parts warehouse in purchase of 19 Florida Auto Plus locations through Texas 363 Auction.
Bensalz Productions
Moved chapter 11 case venue to the Southern District of New York defeating argument that equityholder contacts to the jurisdiction of Florida was enough nexus to keep the case pending in Florida.
Centerbridge Partners *
Centerbridge Partners in connection with the restructuring of Aquilex LLC, a leading provider of critical maintenance, repair and industrial cleaning solutions to the energy industry, primarily in the oil and gas refining, chemical and petrochemical production, fossil and nuclear power generation and waste-to-energy industries. Through a debt-for-equity exchange (of both second lien debt and senior notes) in addition to an $80 million equity investment, Aquilex reduced its debt by more than $300 million and became majority-owned by Centerbridge.
Flagler Hall / Julia Henry
Represents ad hoc group of investors in recapitalization of restaurant and real estate.
Liquidating/Litigation Trustee Role and ABC Representations
A.B.C. Carpet Co.
Liquidating Trustee overseeing the unwinding and value extraction regarding certain prebankruptcy transactions.
SN DME, LLC ("Senior Nannies")
Represented assignor (debtor company) in case regarding international litigation and multi-million dollar breach of contract dispute for COVID-related medical supplies.
Crystal Cruises
Currently representing credit card processing company in multi-million dispute regarding pre-petition and post-petition servicing fees.
State Court Business Litigation
Lobo Leasing *
Lobo Leasing Limited, a global commercial helicopter leasing company in respect of its lease arrangements with CHC Helicopter (CHC), a leading provider of crew transport, search-and-rescue and MRO services to the world-wide helicopter mark.
Bank of New York (Florida State Court)
Ongoing lawsuit against Bank of New York related to wrongful, unnoticed foreclosure against luxury condominium in Sunny Isles, Florida.
Wells Fargo (Florida State Court)
Commenced and settled lawsuit against Wells Fargo involving force-placed insurance on Miami Beach mansion.
Eastern National Bank
Successfully defended lawsuit and blocked all discovery efforts against Aloft Marriott owner related to equity owner’s pledge of dividends.
Notable Out-of-Court Restructurings
Desai Private Equity Group
In less than five business days, negotiated and drafted secured emergency funding for four luxury, South Florida waterfront properties under construction facing potential foreclosure by mechanic lienholders
Carl’s White Glove Wine Storage
Successfully restructured over $20mm in loans out-of-court and defended claims against unfinished wine storage facility located in Naples, Florida in hotly contested foreclosure allowing for successful sale of the asset and Florida multi-million dollar equity capture for owners.
Fortune 100 Credit Card Processor
Negotiated and converted famous national restaurant chain defaulted equipment lease agreement into equipment financing arrangement with re-negotiated payment terms, allowing national merchant to avoid bankruptcy and providing a 100 cent recovery for processor/equipment lessor.
BoConcept Furniture Stores
Negotiated consensual exit from unprofitable locations in response to commenced eviction proceedings filed in state court in Miami, Florida.
Modani Furniture
Represented Modani Furniture in corporate restructuring and lease re-sizing.
Pro Bono Efforts and Professorship
Legal Services of Miami-Dade County
Hosted Mayor Levine Cava in Pack Law Offices as Annual Heart of Giving Awardee; Member of Leadership Circle
University of Florida, Adjunct Advanced Bankruptcy Professor, Spring 2022, 2023 and 2024 Semesters
Guest lecturers include: Bankruptcy Judge Colton, Bankrutpcy Judge Robson, Bankruptcy Judge Isicoff, Bankruptcy Judge Lopez Castro, and various heads of AMLaw 50 corporate restructuring departments.
University of Miami Law School, Annual
Guest Lecturer as guest of Professor Patricia
Redmond, Esq., Chapter 11 Clinic
ABI Active Committee Member; Finance
Committee and Veterans Committee
Florida Business Law Section, Florida
Legislative Committee Member
*experience prior to Packlaw