Joshua Adam Esses

Joshua is an associate in Proskauer’s Business Solutions, Governance, Restructuring & Bankruptcy Group. He has experience representing debtors, unsecured and secured creditors, equity holders, and in bankruptcy litigation at both the trial court and appellate levels.

His debtor representations include the Financial Oversight and Management Board for Puerto Rico, including its representations of the Puerto Rico Sales Tax Financing Corporation (COFINA), the Employees Retirement System (ERS), and the Commonwealth of Puerto Rico in their PROMESA Title III cases.

His non-debtor representations span across the capital stack, and include the second lien holders in the Fusion Connect cases, the statutory unsecured claimholders’ committee in the Westinghouse Electric Company cases, and an ad hoc group of equity holders in the Weatherford International PLC cases. He has also represented creditors in out-of-court restructurings.

Joshua has been involved in multiple district and appellate court litigations and adversary proceedings, including the firm’s representation of McKinsey Recovery and Transformation Services (RTS) in a dispute regarding bankruptcy disclosure rules, where the Court of Appeals for the Fourth Circuit summarily affirmed the district court’s ruling in favor of McKinsey RTS. In re Alpha Nat. Res., Inc., 736 F. App’x 412 (4th Cir. 2018), cert. denied sub nom. Mar-Bow Value Partners, LLC v. McKinsey Recovery & Transformation Servs. U.S. LLC, 139 S. Ct. 1601 (2019).

In addition, his article explaining how states might be able to avail themselves of the tools provided by bankruptcy law, titled “What if Connecticut files for bankruptcy?” has appeared in the Hartford Courant.

Joshua earned his J.D. from Harvard Law School, where he was president of the Harvard Federalist Society, and his B.S. in Finance with Highest Honors from the University of Illinois at Urbana-Champaign.