FacultyFaculty/Author Profile
Joseph Samet

Joseph Samet

Baker & McKenzie LLP (Ret.)

Upper Montclair , NJ, USA


Joseph Samet has been a partner and member of Baker & McKenzie's Global Recovery, Restructuring and Bankruptcy Group, residing in the New York office. Mr. Samet retired from the firm in 2015, and still teaches, writes and is available for mediating, expert witness, officer/director, and other work.

Since 1975, Mr. Samet has been immersed in a national and international workouts and restructuring, chapter 11 reorganizations, distressed sales of assets, SIPC and bankruptcy practice, representing all parties in interest. This includes cross-border issues and chapter 15 cases. He also counsels parties in interest and transactional lawyers on potential creditors’ rights/bankruptcy implications of deals, sales, distressed investments and litigation settlements they are considering. His experience includes structured finance, corporate governance, pre- and post-bankruptcy litigation, negotiations and mediation. He counseled on insurance, monolines and bank liquidations, and advises boards of directors. He analyzes executory contract issues, including licenses for businesses in the e-commerce economy, and gave written opinions and analysis in transactions, including in securitizations. His practice has involved diverse commercial businesses, including in manufacturing, financial services, retail, service, airlines, energy, healthcare, real estate, e-commerce, sports and telecommunications. The work included prosecution and defense of preference, fraudulent conveyance, equitable subordination and substantive consolidation actions, officer/director liability and Ponzi scheme issues, and related litigation. He counsels professional firms and their partners and shareholders on risk management, “unfinished business” and clawback type issues. Mr. Samet has prepared expert reports and testified as an expert witness in jury trials and in an international arbitration.  He is on the SDNY bankruptcy court mediation panel and has taken extensive meditation training courses in 1994, and in 2015 through the ABI.

Mr. Samet is the principal co-author of the two-volume annotated Herzog’s Bankruptcy Forms and Practice published by Thomson Reuters. He has been a contributing author of Collier on Bankruptcy, 15th Edition, and the Collier Bankruptcy Practice Guide treatises, having written and updated for many years three chapters on voluntary and involuntary bankruptcies totaling approximately 400 printed pages. He has also written or co-authored numerous published articles and outlines in the insolvency field, including on Arbitration and Intellectual Property in Bankruptcy; Breakup Fees and Topping Agreements in Sales of Assets; Multinational Insolvencies; Duties of Officers and Directors and Liability Issues; Unfinished Business; Mediation; Partners and Partnerships; The Basics of Chapter 11 and Chapter 15; and Research Tools.  Since 1981, he has chaired, moderated or lectured at over 250 CLE and Industry programs in the U.S. and other countries on pre-bankruptcy restructuring and bankruptcy-related issues, including programs sponsored by organizations such as the National Bankruptcy Judges’ Conference, the Practising Law Institute, The American Bankruptcy Institute, the Commercial Law League, the Turnaround Management Association, and INSOL. He is chair of the annual PLI programs “Current Developments in Bankruptcy and Reorganizations” 2009-2017, and also “Recent Developments in Distressed Debt, Restructurings and Workouts” 2008-2017. Mr. Samet was an Associate Conferee of the National Bankruptcy Conference and a member of its Bankruptcy Code Review project. The final report was submitted to the United States Congress in 1994.  He has been an Adjunct Professor of Law at Brooklyn Law School, and has served as a member of bankruptcy committees of national and local bar associations.

Mr. Samet has been regularly selected by Super Lawyers as one of the Leading Insolvency and Restructuring Lawyers, the Best Lawyers in America, in Banking and Finance Law, and Who’s Who in America. He received the 2004 Burton Award for Legal Writing at the Library of Congress as co-author of the article entitled “When Worlds Collide: Intellectual Property and Arbitration Rights in Bankruptcy Cases.”  Mr. Samet is a member of the American Bankruptcy Institute, the New York State Bar Association, the TMA, the Association of the Bar of the City of New York, and CPR relating to mediation. He has served as a member of the boards of directors of the American Bankruptcy Institute, the Commercial Law League Fund for Public Education and the New York Chapter of the Turnaround Management Association, and is a member of the Steering Committee of the Barry Zaretsky Roundtable at Brooklyn Law School.

Joseph Samet is associated with the following items:
Course Handbooks  Course Handbooks Bankruptcy & Reorganizations 2017: Current Developments
Recent Developments in Distressed Debt, Restructurings and Workouts 2018
Bankruptcy & Reorganizations 2018: Current Developments
CHB Chapters  CHB Chapters Mediation in Bankruptcy (February 2015) - Bankruptcy & Reorganizations 2017: Current Developments, Friday, April 28, 2017
Duties of Directors and Officers and Liability Issues (February 2017) - Bankruptcy & Reorganizations 2017: Current Developments, Friday, April 28, 2017
What Corporate, Transactional and Litigation Attorneys Need to Know About Defaults, Restructurings and Bankruptcy - Bankruptcy & Reorganizations 2017: Current Developments, Friday, April 28, 2017
Some More Unfinished Business About “Unfinished Business” - Bankruptcy & Reorganizations 2017: Current Developments, Friday, April 28, 2017
Use of Break-Up and Topping Fees in Corporate, Restructuring and Bankruptcy Asset Sales (November 2014) - Bankruptcy & Reorganizations 2017: Current Developments, Friday, April 28, 2017
Some More Unfinished Business About “Unfinished Business” - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Thursday, February 01, 2018
What Corporate, Transactional and Litigation Attorneys Need to Know About Defaults, Restructurings and Bankruptcy (December 2017) - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Thursday, February 01, 2018
Use of Break-Up and Topping Fees in Corporate, Restructuring and Bankruptcy Asset Sales - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Thursday, February 01, 2018
Mediation in Bankruptcy - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Thursday, February 01, 2018
Duties of Directors and Officers and Liability Issues (December 2017) - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Thursday, February 01, 2018
Use of Break-Up and Topping Fees in Corporate, Restructuring and Bankruptcy Asset Sales - Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018
Mediation in Bankruptcy - Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018
What Corporate, Transactional and Litigation Attorneys Need to Know About Defaults, Restructurings and Bankruptcy (December 2017) - Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018
Some More Unfinished Business About “Unfinished Business” - Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018
Duties of Directors and Officers and Liability Issues (December 2017) - Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018
Web Segment  Web Segment Potpourri of Current Market Developments in Chapter 7 and 11 Business Cases – Energy Future Holdings, Momentive, Radio Shack, Caesars, EDMC, ResCap, Lehmann, Madoff, et al. and Mediation - Bankruptcy & Reorganizations 2017: Current Developments, Monday, May 01, 2017
Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability - Bankruptcy & Reorganizations 2017: Current Developments, Monday, May 01, 2017
Plan Formulation and Negotiation - Bankruptcy & Reorganizations 2017: Current Developments, Monday, May 01, 2017
Cross-Border Insolvencies and Chapter 15 - Bankruptcy & Reorganizations 2017: Current Developments, Monday, May 01, 2017
Intercreditor and Subordination Agreements; Make Whole Premiums - Bankruptcy & Reorganizations 2017: Current Developments, Monday, May 01, 2017
Strategic Powers in Corporate Bankruptcy and Adequate Protection of Creditors’ Interests - Nuts and Bolts of Corporate Bankruptcy 2017, Tuesday, December 19, 2017
Practice Points: Commencing a Corporate Bankruptcy Case - Nuts and Bolts of Corporate Bankruptcy 2017, Tuesday, December 19, 2017
Market Update and Documentation/Preliminary Restructuring Documentation and the Role of Financial Advisors - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Friday, February 02, 2018
Preparing for Bankruptcy Risks and Industry Issues - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Friday, February 02, 2018
The Roles of Financial Advisors, and Corporate Governance - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Friday, February 02, 2018
Industry Issues continued - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Friday, February 02, 2018
The Restructuring Agreement and Sales of Distressed Assets - Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Friday, February 02, 2018
MP3 Audio  MP3 Audio Intercreditor and Subordination Agreements; Make Whole Premiums - Intercreditor and Subordination Agreements; Make Whole Premiums, Monday, May 01, 2017
Potpourri of Current Market Developments in Chapter 7 and 11 Business Cases – Energy Future Holdings, Momentive, Radio Shack, Caesars, EDMC, ResCap, Lehmann, Madoff, et al. and Mediation - Potpourri of Current Market Developments in Chapter 7 and 11 Business Cases – Energy Future Holdings, Momentive, Radio Shack, Caesars, EDMC, ResCap, Lehmann, Madoff, et al. and Mediation, Monday, May 01, 2017
Plan Formulation and Negotiation - Plan Formulation and Negotiation, Monday, May 01, 2017
Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability - Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability, Monday, May 01, 2017
Cross-Border Insolvencies and Chapter 15 - Cross-Border Insolvencies and Chapter 15, Monday, May 01, 2017
Practice Points: Commencing a Corporate Bankruptcy Case - Practice Points: Commencing a Corporate Bankruptcy Case, Tuesday, December 19, 2017
Strategic Powers in Corporate Bankruptcy and Adequate Protection of Creditors’ Interests - Strategic Powers in Corporate Bankruptcy and Adequate Protection of Creditors’ Interests, Tuesday, December 19, 2017
Industry Issues continued - Industry Issues continued, Friday, February 02, 2018
The Roles of Financial Advisors, and Corporate Governance - The Roles of Financial Advisors, and Corporate Governance , Friday, February 02, 2018
Preparing for Bankruptcy Risks and Industry Issues - Preparing for Bankruptcy Risks and Industry Issues, Friday, February 02, 2018
Market Update and Documentation/Preliminary Restructuring Documentation and the Role of Financial Advisors - Market Update and Documentation/Preliminary Restructuring Documentation and the Role of Financial Advisors, Friday, February 02, 2018
The Restructuring Agreement and Sales of Distressed Assets - The Restructuring Agreement and Sales of Distressed Assets, Friday, February 02, 2018
Transcripts  Transcripts Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability - Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability, Monday, May 01, 2017
Plan Formulation and Negotiation - Plan Formulation and Negotiation, Monday, May 01, 2017
Cross-Border Insolvencies and Chapter 15 - Cross-Border Insolvencies and Chapter 15, Monday, May 01, 2017
Intercreditor and Subordination Agreements; Make Whole Premiums - Intercreditor and Subordination Agreements; Make Whole Premiums, Monday, May 01, 2017
Strategic Powers in Corporate Bankruptcy and Adequate Protection of Creditors’ Interests - Strategic Powers in Corporate Bankruptcy and Adequate Protection of Creditors’ Interests, Tuesday, December 19, 2017
Practice Points: Commencing a Corporate Bankruptcy Case - Practice Points: Commencing a Corporate Bankruptcy Case, Tuesday, December 19, 2017
The Restructuring Agreement and Sales of Distressed Assets - The Restructuring Agreement and Sales of Distressed Assets, Friday, February 02, 2018
The Roles of Financial Advisors, and Corporate Governance - The Roles of Financial Advisors, and Corporate Governance , Friday, February 02, 2018
Preparing for Bankruptcy Risks and Industry Issues - Preparing for Bankruptcy Risks and Industry Issues, Friday, February 02, 2018
Industry Issues continued - Industry Issues continued, Friday, February 02, 2018
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Potpourri of Current Market Developments in Chapter 7 and 11 Business Cases – Energy Future Holdings, Momentive, Radio Shack, Caesars, EDMC, ResCap, Lehmann, Madoff, et al. and Mediation - Potpourri of Current Market Developments in Chapter 7 and 11 Business Cases – Energy Future Holdings, Momentive, Radio Shack, Caesars, EDMC, ResCap, Lehmann, Madoff, et al. and Mediation, Monday, May 01, 2017
Cross-Border Insolvencies and Chapter 15 - Cross-Border Insolvencies and Chapter 15, Monday, May 01, 2017
Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability - Acquiring Assets from the Debtor Estate, Corporate Governance and D&O Duties and Liability, Monday, May 01, 2017
Plan Formulation and Negotiation - Plan Formulation and Negotiation, Monday, May 01, 2017
Intercreditor and Subordination Agreements; Make Whole Premiums - Intercreditor and Subordination Agreements; Make Whole Premiums, Monday, May 01, 2017
Strategic Powers in Corporate Bankruptcy and Adequate Protection of Creditors’ Interests - Strategic Powers in Corporate Bankruptcy and Adequate Protection of Creditors’ Interests, Tuesday, December 19, 2017
Practice Points: Commencing a Corporate Bankruptcy Case - Practice Points: Commencing a Corporate Bankruptcy Case, Tuesday, December 19, 2017
The Roles of Financial Advisors, and Corporate Governance - The Roles of Financial Advisors, and Corporate Governance , Friday, February 02, 2018
The Restructuring Agreement and Sales of Distressed Assets - The Restructuring Agreement and Sales of Distressed Assets, Friday, February 02, 2018
Preparing for Bankruptcy Risks and Industry Issues - Preparing for Bankruptcy Risks and Industry Issues, Friday, February 02, 2018
Market Update and Documentation/Preliminary Restructuring Documentation and the Role of Financial Advisors - Market Update and Documentation/Preliminary Restructuring Documentation and the Role of Financial Advisors, Friday, February 02, 2018
Industry Issues continued - Industry Issues continued, Friday, February 02, 2018
On-Demand Web Programs  On-Demand Web Programs Bankruptcy & Reorganizations 2017: Current Developments, Wednesday, May 03, 2017, New York, NY
Nuts and Bolts of Corporate Bankruptcy 2017, Monday, December 25, 2017, New York, NY
Recent Developments in Distressed Debt, Restructurings and Workouts 2018, Wednesday, February 07, 2018, New York, NY
Live Seminar  Live Seminar Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018, New York, NY
Live Webcast  Live Webcast Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018, New York, NY
PLI Grpcast-Live Web  PLI Grpcast-Live Web Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018, Indianapolis, IN
Bankruptcy & Reorganizations 2018: Current Developments, Wednesday, April 25, 2018, New Brunswick , NJ
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