Joshua J. Bruckerhoff
Josh Bruckerhoff is a partner at Reid Collins & Tsai. His practice is focused on complex business and insolvency-related litigation. He frequently represents bankruptcy trustees, offshore liquidators, and hedge funds in litigation against directors and officers, law firms, banks, auditors, and recipients of fraudulent transfers.
Josh is known for finding innovative solutions to complex and difficult cases. For instance, Josh developed the arguments that resulted in a landmark victory in the Seventh Circuit concerning the scope of section 546(e) of the Bankruptcy Code. The U.S. Supreme Court, in Merit Management Group v. FTI Consulting, recently affirmed the Seventh Circuit’s ruling, opening new avenues of recovery for bankruptcy trustees across the country.
Josh also has broad experience handling cross-border cases. He has worked on matters such as Stanford International Bank, ICP Strategic Credit Income Fund, Fletcher Income Leveraged Fund, AJW Master Fund, and Ocean Rig. In addition to pursuing claims under U.S. law, Josh has worked with some of the leading foreign-law experts and, for example, asserted claims under Cayman Islands law in connection with several Chapter 15 cases.
For the last four years, Texas Monthly has named Josh a “Rising Star” in its Super Lawyers edition, a distinction reserved for the top 2.5% of Texas attorneys who are under 40 years of age.
Josh received his J.D., with honors, from the University of Texas School of Law. He served as a Notes Editor for the Texas Law Review and clerked at the Texas Third Court of Appeals during law school. He graduated summa cum laude from the University of Illinois at Urbana-Champaign, where he received the Bronze Tablet award, the highest university honor for academic achievement.
Josh is a member of the National Association of Federal Equity Receivers, the National Association of Bankruptcy Trustees, and INSOL International.
- Representation of the Adeptus Litigation Trust, a trust formed out of the bankruptcy of Adeptus Health, one of the largest operators of free-standing emergency rooms.
- Representation of the Creditors’ Trust for Doral Financial Corporation, the former holding company of Doral Bank, Puerto Rico.
- Representation of the liquidators of ICP Strategic Credit Income Master Fund, a hedge fund that was placed into liquidation in the Cayman Islands after the SEC sued its manager for securities fraud.
- Representation of the liquidating trustee for an investment fund that failed in connection with the bankruptcy of USA Capital, a commercial loan servicer with more than $960 million in outstanding loans.
- Representation of the liquidators of AJW Master Fund and related entities, Cayman hedge funds that collapsed after the SEC sued the hedge funds’ manager.
- Representation of the litigation trustee for the Centaur Litigation Trust in various fraudulent-transfer actions arising out of the collapse of a casino and racetrack development.
- Representation of a group of funds in a $75 million legal malpractice case against an international law firm for its alleged negligent representation of the funds in connection with a CLO warehouse extension.
- Representation of the Chapter 7 trustee of the bankruptcy estate of a New York investment firm that ran an estimated $400-million Ponzi scheme.
- Representation of three former principals of an Austin-based fund of hedge funds against a bank in a breach-of-contract action arising out of the bank's refusal to pay a multimillion-dollar earn-out.
- Representation of the plan administrator for the bankruptcy estate of a company that was a victim of a $140 million fraudulent scheme.
Publications and Speaking Engagements:
- Speaker, Who to Sue When Financial Fraud Occurs, Offshore Alert Conference (April 2018)
- Speaker, How the Supreme Court Reversed Over 20 Years of Precedent to Narrow the Section 546(e) Safe Harbor, ABA Business Bankruptcy Committee (April 2018)
- Co-author, The Definition of “Financial Institution”: The Next Battleground in the Fight over § 546(e) of the Bankruptcy Code, ABI Commercial Fraud Newsletter (January 2018)
- Speaker, Are Claims Under Sections 146 and 147 of the Companies Law Underused Remedies?, Cayman Islands Recovery and Insolvency Specialists Association (September 2017).
- Co-author, Circuit Split Deepens on Scope of § 546(e) by Recognizing Limits on the Application of the Safe Harbor, ABI Journal (October 2016)
- Author, Giving Nature Constitutional Protection: A Less Anthropocentric Interpretation of Environmental Rights, 86 Tex. L. Rev. 615, 616 (2008)