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Gittings Global - NE132061

Joseph R. Dunn

Partner

Los Angeles +1 424 332 4825

  • About
  • Representative Matters
  • Credentials
  • About

    As a seasoned bankruptcy attorney and creditor rights litigator, Joseph (Joe) Dunn has developed a unique practice representing creditors and insolvency fiduciaries, and pursuing asset recovery, judgment enforcement, and litigation in the insolvency arena. Joe’s broad-ranging restructuring and litigation practice draws on his significant experience with complex bankruptcy cases, creditor rights litigation, bankruptcy litigation, and other work in insolvency scenarios.

    He has a long track record of successfully representing institutional creditors, liquidating/litigation trustees and other fiduciaries in insolvency matters, and investigating and pursuing complex asset recovery matters, often through litigation focused on piercing fraudulent schemes and offshore asset protection devices. Joe has also advised numerous public and private company Boards, committees and executive management teams regarding insolvency issues, including guiding those clients through workouts, debt restructurings and insolvency proceedings, and distressed dispositions and acquisitions of assets.

    In addition to his legal work, Joe is active in the community. He has served in various leadership roles in local and statewide insolvency organizations, including on the Advisory Board for ABI’s Battleground West conference, the Board of California Bankruptcy Forum, and on the Selection Committee for the Ninth Circuit’s Lawyer Representative Program. Joe has also served on the board of San Diego-based Center for Community Solutions, a non-profit organization focused on assisting victims of domestic violence and sexual assault.

    While in law school at Washington & Lee University, he was a member of Virginia Capital Case Clearinghouse, where he assisted in providing representation to capital murder defendants facing the death penalty.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represented liquidating trustee in post-confirmation administrative and litigation matters arising from failed oil refinery in U.S. Virgin Islands, including over $1 billion of asserted claims. (In re Limetree Bay Services, LLC et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented post-confirmation plan administrator in divisive merger transactions and other matters arising from failed offshore oil and gas exploration and development companies, including tens of billions of dollars of asserted claims. (In re Fieldwood Energy III LLC, et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented litigation trustee and asset recovery manager in post-confirmation administration of trust and related entities formed to recover hundreds of millions owed to creditors of failed investment funds. (In re Zohar III Corp, et al., U.S. Bankr. Ct., D. Del.)
    • Represented litigation trustee in fraudulent transfer case to recover over $140 million of transfers by debtors engaged in onshore oil and natural gas acquisition, exploitation, exploration and production. (In re Alta Mesa Resources, Inc., et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented liquidating trustee in post-confirmation administration of trust and litigation matters arising from failed healthcare insurance technology company. (In re Benefytt Technologies, Inc., et al., U.S. Bankr. Ct., S.D. Tex.)
    • Represented U.S. creditor in Federal district court action to enforce $300 million international arbitration award against foreign award debtors and related alter ego. (Global Gaming Philippines v. Razon, et al., U.S. Dist. Ct., S.D.N.Y.)
    • Represented group of defendants and obtained successive dismissals of $50 million fraudulent transfer case brought in California by post-confirmation liquidating entity. (Stillwater Liquidating LLC v. Chernyakova, et al., Los Angeles Sup. Ct. (Complex Div.))
    • Represented homeowners’ association of upscale San Diego community in connection with chapter 11 case of the community’s developer. (In re Rancho Cielo Estates, Ltd., U.S. Bankr. Ct., C.D. Cal.)
    • Represented Wilmington Trust, as indenture trustee of $30 million of bonds, in successfully prosecuting judicial foreclosure of charter school, including obtaining appointment of receiver and sale of all property. (Wilmington Trust v. Guidance Charter School, et al., Los Angeles Sup. Ct.)
    • Represented indenture trustee in connection with receivership and bankruptcy proceedings in Indiana and Texas to recover approximately $100 million from operator of continuing care retirement community. (In re Mayflower Communities, Inc., U.S. Bankr. Ct., N.D. Tex.)

    • Prosecuted complex civil RICO case against 34 foreign and domestic defendants on behalf of Taiwanese manufacturer. Successfully defeated over 30 motions to dismiss, managed millions of pages of written discovery, over 40 depositions on two continents and hundreds of discovery disputes before two court-appointed Special Masters. Defeated summary judgment and in limine motions before favorably settling case at commencement of trial. (Tatung Company, Ltd. v. Hsu, et al., U.S. Dist. Ct., C.D. Cal.)
    • Represented CrossFit, Inc., its founder and certain high-level employees against defamation claims, resulting in plaintiff’s voluntary dismissal of all claims. Obtained award of over $400,000 in discovery-related sanctions against plaintiff and appointment of a neutral forensic evaluator to evaluate plaintiff’s discovery misconduct. (National Strength & Conditioning Association v. CrossFit, Inc., et al., San Diego Sup. Ct.)
    • Represented creditor in obtaining $27 million non-dischargeable judgment against the CEO of a consumer electronics company, and successfully defended the judgment through multiple appeals in Federal court. (In re Yin-Ching Houng, U.S. Bankr. Ct., C.D. Cal.)
    • Represented environmentally-focused medical waste processor as debtor in chapter 11 proceedings and on appeal in confirming its highly-contested plan of reorganization. (In re Sanitec Industries, Inc., U.S. Bankr. Ct., C.D. Cal.)
    • Represented stalking horse and successful purchaser of bankrupt paper mill employing a large portion of a Midwest community. (In re Manistique Papers Inc., U.S. Bankr. Ct., D. Del.)
    • Represented large seed-to-store cannabis producer in complete restructuring of debt obligations to avoid threatened foreclosure proceedings by senior secured lenders.
    • Represented major league baseball team in state court litigation to recover damages for breach of contract and breaches of fiduciary duty.
    • Advised ad hoc group of second lien bondholders in connection with Caesars bankruptcy case.
    • Represented Chapter 11 trustee in successfully prosecuting and securing millions of dollars in judgments and settlements arising out of real estate-based Ponzi scheme in Orange County, California. (In re National Consumer Mortgage LLC, U.S. Bankr. Ct., C.D. Cal.)
    • Represented Chapter 7 trustee in successfully prosecuting and collecting millions of dollars in judgment and settlements in fraudulent transfer litigation arising out of failed equipment leasing company in San Diego. (In re Creative Capital Leasing Group, LLC, U.S. Bankr. Ct., S.D. Cal.)
    • Advised numerous publicly-traded and private company Boards of Directors and executive management teams regarding insolvency issues, including potential workouts or insolvency proceedings, distressed dispositions/acquisitions of assets, fiduciary duties, and creditor rights.
    • Advised nonprofit organizations on workout, bankruptcy, and dissolution matters.

    Areas of Expertise

  • Credentials
    Education
    • Washington and Lee University School of Law, J.D.
    • California State University, B.S.
        • magna cum laude
    Bar Admissions
    • California
    Accolades
    • Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation - Bankruptcy (2018-2024)
    • San Diego Super Lawyers, Civil Litigation: Defense (2018-2020), Business Litigation (2021-2023)
    • Best Lawyers in America, San Diego Litigation - Bankruptcy Lawyer of the Year (2020)
    • The Recorder, California Trailblazer (2020)
    • The Daily Transcript, Top 40 Under 40 (2017)
    • San Diego Super Lawyers, Rising Star: Litigation (2015-2017)
    • San Diego Business Journal, "Best of the Bar" (2015)
    Memberships and Affiliations
    • Advisory Board, ABI’s Battleground West conference
    • Member, Board of Directors, Association of Business Trial Lawyers San Diego (2020-2022)
    • Board Member/Vice President/Governance Chair, Center for Community Solutions (2016-2021)
    • Member, Board of Directors, California Bankruptcy Forum (2012-2015)
    • Selection Committee, Ninth Circuit’s Lawyer Representative Program (2011)
    • Member, Board of Directors, San Diego Bankruptcy Forum (2009 – 2011); President (2011)
    • Member, J. Clifford Wallace Inn of Court (2010-2012)
    • Member, American Bankruptcy Institute

    Areas of Expertise

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