Joseph C. Barsalona II

Associate

T
(302) 477-7180 F

Joe focuses on in-court and out-of-court restructurings, distressed asset sales, and bankruptcy litigation.  His diverse bankruptcy practice includes representation of debtors, secured and unsecured creditors, distressed investors, independent directors, asset purchasers and other parties in interest in all phases of chapter 11 proceedings, related litigation and other insolvency-related matters.  Joe’s experience spans a wide variety of industries including entertainment, energy, retail, manufacturing, publishing, finance, transportation, and real estate.  He also concentrates on the preparation and issuance of substantive non-consolidation opinions.

In law school, Joe served as the chief managing editor of The Ohio State Journal on Dispute Resolution. He also participated in the Ruby R. Vale Interschool Moot Court Competition at Widener Law, in which his team finished second overall.  Joe received the CALI Award for Excellence in three courses, and he studied on scholarship at the Oxford University Law Programme at St. Anne’s College in the summer of 2010.

Prior to joining Morris Nichols, Joe was an associate in the bankruptcy and corporate restructuring department at another prominent Delaware law firm.

Professional Activities

  • American Bankruptcy Institute
    • Bankruptcy Litigation Committee (Executive Board, Newsletter Editor)
    • Asset Sales Committee
    • Business Reorganization Committee
    • Secured Credit Committee
  • Turnaround Management Association
  • Delaware Bankruptcy American Inn of Court
  • Federal Bar Association
  • St. Thomas More Society

Representative Matters

  • Co-counsel to Fred’s, Inc. and its debtor affiliates (Case No. 19-11984 (CSS) Bankr. D. Del.) in their chapter 11 cases.  The Debtors are discount retailers of general and pharmaceutical goods that generally serve low, middle- and fixed-income families located in small- to medium-sized towns.
  • Co-counsel to Lolli and Pops, Inc. and its debtor affiliates (Case No. 19-11813 (CSS) Bankr. D. Del.) in their chapter 11 cases. The Debtors are owner-operators of upscale retail candy stores primarily located in shopping malls around the country.
  • Counsel to the Official Committee of Preferred Equity Security Holders of Elk Petroleum, Inc. (Case No. 19-11157 (LSS) Bankr. D. Del.), an oil and natural gas business that specializes in applying established enhanced oil recovery technologies to mature oil fields, focused primarily in the Rocky Mountain region.
  • Co-counsel to White Star Petroleum Holdings, LLC and its debtor affiliates (Case No. 19-11179 (BLS) Bankr. D. Del.; Case No. 19-12145 (JDL) Bankr. W.D. Okla.) in their chapter 11 cases. The Debtors acquire, develop, operate and produce unconventional oil and natural gas properties.
  • Co-counsel to one of the largest suppliers and unsecured creditors of Orchids Paper Products Company and its debtor affiliates (Case No. 19-10729 (MFW) Bankr. D. Del.). This engagement included advising the company through the successful assumption of its contracts by the Debtors and assignment of such contracts to the purchaser of substantially all of the Debtors’ assets, and as chair of the official committee of unsecured creditors in the cases.
  • Co-counsel to the prepetition lender in the chapter 11 case of L.K. Bennett U.S.A., Inc. (Case No. 19-10760 (JTD) Bankr. D. Del.), the wholly-owned subsidiary of L.K. Bennett, Ltd, an international affordable luxury fashion brand specializing in women’s footwear.
  • Counsel to a distressed borrower in the food and beverage industry with its out-of-court restructuring of over $60 million of funded indebtedness.
  • Co-counsel to Southcross Energy Partners, L.P., its general partner, and its wholly owned direct and indirect subsidiaries (Case No. 19-10702 (MFW) Bankr. D. Del.) in their voluntary chapter 11 cases. The Debtors provide midstream services to natural gas producers and customers, including natural gas gathering, processing, treatment and compression, and access to natural gas liquid fractionation and transportation services.
  • Co-counsel to prepetition secured lender in the chapter 11 cases of 1515-GEEnergy Holding Co. LLC and its debtor affiliate (Case No. 19-10303 (KJC) Bankr. D. Del.).
  • Counsel to unsecured creditor and contract counterparty in the chapter 11 cases of Aegean Marine Petroleum Network Inc. and its debtor affiliates (Case No. 18-13374 (MEW) Bankr. S.D.N.Y.).
  • Co-counsel to an ad hoc group of second lien noteholders in the chapter 11 cases of LBI Media, Inc. and its debtor affiliates (Case No. 18-12655 (CSS) Bankr. D. Del.).
  • Counsel to a secured creditor in the chapter 11 cases of Promise Heathcare Group, LLC and its debtor affiliates (Case No. 18-12491 (CSS) Bankr. D. Del.).
  • Co-counsel to one of the largest unsecured creditors of J&M Sales Inc. and its debtor affiliates (Case No. 18-11801 (LSS) Bankr. D. Del.), with its successful prosecution of a rule 2004 motion and ancillary litigation.
  • Co-counsel to an ad hoc group of senior lenders in the prepackaged chapter 11 cases of Dixie Electric, LLC and its debtor affiliates (Case No. 18-12477 (KG) Bankr. D. Del.) which sought to reorganize approximately $297 million in funded indebtedness.
  • Counsel to one of the largest unsecured creditors of Welded Construction, LP (Case No. 18-12378 (KG) Bankr. D. Del.). This engagement included advising the company in its individual capacity as well as with respect to its role as a member of the Official Committee of Unsecured Creditors.
  • Counsel to a lessor of nonresidential real property to Sears Holding Corp. and its affiliates (Case No. 18-23538 (RDD) Bankr. S.D.N.Y.).
  • Co-counsel to Steinhoff International B.V. in assisting the international conglomerate with its global restructuring. This engagement included representation of the company as sponsor and prepetition term lender in the prepackaged chapter 11 cases of The Mattress Firm, Inc. and its debtor affiliates (Case No. 18-12241 (CSS) Bankr. D. Del.) and as co-counsel to the foreign representative of its affiliate, Stripes US Holding, Inc. (Case No. 18-12388 (CSS) Bankr. D. Del.), in a related chapter 15 proceeding which facilitated the exit financing in the Mattress Firm cases.
  • Co-counsel to the sponsor of the prearranged plan for American Tire Distributors, Inc. and its debtor affiliates (Case No. 18-12221 (KJC) Bankr. D. Del.), one of the largest independent suppliers of replacement tires in the United States. The restructuring of American Tire’s approximately $2.6 billion in funded debt includes a three-year maturity extension and conversion of approximately $1.1 billion of bonds to equity.
  • Counsel to a potential purchaser of the property held by single asset real estate debtor Jackson Overlook Corp. (Case No. 18-12465 (JLG) Bankr. S.D.N.Y.).
  • Counsel to one of the largest unsecured creditors of WW Contractors, Inc. (Case No. 18-12095 (BFK) Bankr. E.D. Va.), a general contractor for the General Services Administration with projects across the country.
  • Counsel to a defendant in a preference action lodged by the chapter 7 trustee of the estates of New Source Energy Partners, L.P. and its debtor affiliates (Case No. 18-50319 (CSS) Bankr. D. Del.).
  • Co-counsel to The Boston Herald, Inc. and its affiliates (Case No. 17-12881 (LSS) Bankr. D. Del.), which operated a historic newspaper based in Boston, Massachusetts, with their post-sale chapter 11 proceedings.

News

Morris Nichols Welcomes Four New Attorneys

Wilmington, DE (October 3, 2018) – Morris, Nichols, Arsht & Tunnell LLP is pleased to welcome four new attorneys.  The additions include three recent judicial clerks and one experienced bankruptcy lawyer. “We are delighted to have four accomplished young lawyers join Morris Nichols,” said hiring partner Eric S. Klinger-Wilensky. ... Continue Reading

Events

ABI Webinar: I have to do WHAT?!? - The Importance of Local Rules in Asset Sales

The American Bankruptcy Institute hosts a webinar, entitled, “I have to do WHAT?!? - The Importance of Local Rules in Asset Sales,” on Thursday, October 10 from 12:00 to 1:15 p.m. ET. Morris Nichols attorney Joe Barsalona and co-panelists will take a deeper dive into some of the more interesting and unique local rules that practitioners... Continue Reading