bodoff

Joseph S.U. Bodoff is the founder of Bodoff & Associates.  His practice focuses on bankruptcy, creditors’ rights and commercial litigation.  He has appeared in state and federal courts throughout the country, including all of the New England states, Alabama, California, Delaware, District of Columbia, Florida, Georgia, Hawaii, Maryland, Missouri, New Jersey, New York, North Carolina, Pennsylvania, Texas, Virginia and Washington, handling matters as diverse as complex Chapter 11 reorganizations to corporate governance issues, construction litigation and unfair trade practice claims.

Mr. Bodoff is board-certified in Business Bankruptcy Law by the American Board of Certification and is active in a number of organizations, including the Business Bankruptcy Committee of the American Bar Association as well as the American Bankruptcy Institute, where he has served on its Board of Directors and Executive Committee. He is a frequent lecturer before trade and professional groups and is author of a number of articles on bankruptcy issues. Among his activities, he spearheaded a project to produce the ABI Creditors’ Committee Manual, of which over 40,000 copies have been distributed. Under his leadership, the ABI completed a two-year project studying the Bankruptcy Code’s preference provisions. He testified on the subject of bankruptcy preferences before the National Bankruptcy Review Commission established by Congress to overhaul the bankruptcy laws. Three of the recommendations resulting from the ABI study that he headed up were included in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Mr. Bodoff is a 1977 graduate of Villanova University School of Law, where he served as an editor on its Law Review. His work experience includes service as a judicial law clerk in the Philadelphia County Court of Common Pleas and as a partner in three large Boston law firms. He has received a number of awards, including listing in Who’s Who in the World, Who’s Who in America and Who’s Who in American Law. He has been repeatedly named as one of Massachusetts’s Super Lawyers.

Selected Cases

  • Lead counsel in complex, multi-million dollar lawsuit claiming overcharging by seller under pricing provision of supply agreement.
    View Case Study
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Successfully objected to bankruptcy discharge of debtor who attempted to open a successor business after bankrupting a previous one.
    View Case Study
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Devised Chapter 11 plan that forced major creditor to relieve principals of debtor company from their guaranties of $9 million of corporate debt.
    View Case Study
  • Litigation against bank to void cross-collateralized corporate guaranty resulted in 7-figure settlement and a distribution to creditors of 50 percent of their claims.
    View Case Study
  • Obtained half-million dollar judgment in arbitration of dispute over agreement that provided for reimbursement to party providing collateral under standby letter of credit.
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Threat of litigation against mortgage lender based on claims of usury and predatory lending resulted in favorable restructuring of debt.
  • Successfully defended multi-million suit on guaranty based on evidence of lender’s improper interference in borrower’s business.
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Represented class action plaintiffs in Chapter 11 cases of real estate conglomerate involving several hundred million dollars of real estate assets.

Authorships

  • ABI Creditors’ Committee Manual (2006)
  • Towards Bankruptcy Proofing Client Services Agreements, appearing in PEO Insider Magazine (March 2009)
  • The Unsecured Creditors’ Committee,
 Appearing in “Bankruptcy Business Acquisitions” (2006)
  • Limiting Exclusivity,
 4 Am. Bankr. Inst. L. Rev. 496 (1996)
  • Cramdown: The Ultimate Chapter 11 Threat” (MCLE 1992)

Lectures

  • Pre-Bankruptcy Supply Agreements
    ABI Northeast Bankruptcy Conference, Bretton Woods, New Hampshire (2009)
  • Legal Aspects of International Credit
    NACM- New England International Credit Group, Wellesley, Massachusetts (2006)
  • 
Theories of Liability Against Principals of Debtor
    NACM Eastern Regional Credit Conference, Mashantucket, Connecticut (2006)
  • Ten Things You Should Know About the New Bankruptcy Law
    NACM Eastern Regional Credit Conference, Boston, Massachusetts (2005)
  • The New Bankruptcy Code: Explanation and Outlook
    BBA Continuing Legal Education, Boston, Massachusetts (2005)
  • PACA and Bankruptcy
    Pacific Northwest Credit Conference, Portland, Oregon (2004)
  • Detecting and Fighting Credit Fraud
    National Footwear and Apparel Credit Association, Providence, Rhode Island (2004)
  • Defending Preference Actions
    NACM-New England, Wellesley, Massachusetts (2003)
  • Critical Vendors
    National Forest Products Credit Group, Montreal, Quebec (2003)