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Joe Sakay is a Shareholder in the Firm’s Seattle, Portland and Denver offices and a member of its Insolvency and Financial Law practice group. He has a real estate and financial institution industry-focused insolvency and bankruptcy practice, representing creditors, debtors and committees in Colorado, Oregon and Washington. For three decades, Joe has provided common-sense advice and no-nonsense representation to his insolvency clients. He currently represents clients on matters ranging from state court receiverships to serving as lead counsel in complex bankruptcy cases, and advises both companies and individuals on emerging issues in cryptocurrency bankruptcies. Joe has a strong record of pursuing fraud claims in bankruptcy cases and obtaining non-dischargeability rulings in matters involving fraud, Ponzi findings or the non-disclosure of assets.
Over his 30-year career, Joe has appeared in over 750 bankruptcies up and down the West Coast and across the U.S. involving matters under chapters 7, 9, 11, 12 and 15. His cross-border insolvency work has spanned the globe associating with co-counsel in countries including the Cayman Islands, China, Japan, Korea, Ireland, Israel, Italy, Malta, the Netherlands, and United Arab Emirates. Mr. Sakay routinely provides advice regarding the UNCITRAL Model Law on Cross-Border Insolvency.
Joe started his legal career as a law clerk to the Honorable Richard P. Matsch of the United States District Court for the District of Colorado.
Awards and Honors
- College Founder’s Award
- Honors Thesis – The Civil Rights Struggle in Seattle, WA
Professional Involvement
- American Bankruptcy Institute
- Turnaround Management Association
- Risk Management Association
- American Bar Association
- Washington State Bar Association
- Oregon State Bar Association
- Federal Bar Association for the Western District of Washington
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10
Oct
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Buchalter Adds Three Shareholders to its Seattle Office
Firm News
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October 10, 2023. Buchalter is pleased to announce the recent expansion of its Seattle office with the addition of three Shareholders: Joe Sakay, Tereza Simonyan, […]
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Publication
Cryptocurrency in Bankruptcy: When an Irresistible Force Meets an Unmovable Object
May 18th, 2021
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Publication
Where Did All the Chapter Elevens Go? Washington’s Little-Known Statute That Could Topple a Monolith
March 6th, 2021
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Publication
Temporary Changes to Bankruptcy Code in New COVID-19 Legislation
January 22nd, 2021
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Presentation
Joseph Sakay, Co-Presenter at the King County Bar Association Bankruptcy Section
November 12th, 2020
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Publication
The SBRA During the COVID-19 Pandemic
October 12th, 2020
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Publication
COVID-19: Options for Distressed Small Businesses in Washington, Oregon, and California
March 18th, 2020
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Publication
President Trump Signs Coronavirus Aid, Relief and Economic Security Act (CARES Act) into Law
March 8th, 2020
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Publication
Small Business Bankruptcy and Receiverships
March 2nd, 2020
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Publication
What Commercial Lenders Need to Know About the Small Business Reorganization Act of 2019
January 29th, 2020
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Publication
New Small Business Reorganization Act to Provide Powerful Tools for Small Business Debtors
January 24th, 2020
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Publication
Three Recent Significant Changes to the Bankruptcy Code Affecting Veterans, Reservists, and Family Farmers
January 22nd, 2020
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Presentation
Josephy Sakay, Speaker at WorkSmart Seminar
August 8th, 2019
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Presentation
Joseph Sakay, Speaker at WorkSmart Seminar
June 11th, 2019
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Presentation
Joseph Sakay, Speaker at WorkSmart Seminar
March 8th, 2019
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Presentation
Joseph Sakay, Presenter at the HCMP Lender Services Seminar.
March 8th, 2018
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- Lead Chapter 11 counsel to national bank holding a $42,000,000 claim in closely watched aviation bankruptcy. Assisted client in realization of aircraft collateral from five countries.
- Led the trial defense of a secured creditor in a title insurance and lien priority action involving a prominent $32,000,000 mixed-use development.
- Obtained dismissal of a high-stakes, bet the company, Chapter 11 bankruptcy while preserving both the client’s secured claim and equity interest exceeding $12,000,000.
- Successfully represented creditor and cryptocurrency mining farm owner in In re GigaWatt, Inc., one of the first cryptocurrency related bankruptcies.
- Provided creditor support in cryptocurrency related bankruptcies on topics ranging from frozen accounts and claims to plan treatment to claw backs in cases such as FTX, Voyager Digital, Genesis Global Capital and Core Scientific.
- First-chaired numerous adversary proceedings as well as expedited insolvency hearings in state court. For instance, appointed special counsel to the Debtor-in-Possession – In re Partners Mortgage Corporation where he recovered several million dollars for creditors.
- Counsel to secured creditors and critical vendors in hospital bankruptcies nationwide such as In re Mercy Hospital.
- Advise construction lenders in contested receiverships in both Washington and Oregon involving large mixed-use and hotel properties, successfully navigating completion and sale.
- Represented various regional and national lenders in single-asset real estate bankruptcies.
- Provide ongoing advice to commercial landlords in large Chapter 11 bankruptcies.
- Assists financial institutions with internal investigations, including advising special board committees, crisis management, leading internal investigations and advising clients on corporate governance and regulatory/compliance issues.
- Co-lead counsel for senior secured creditor that prevailed in a $224,000,000 real estate chapter 11 bankruptcy case. The client’s mix of collateral included multiple apartment buildings, new single family homes and platted lots. Successfully represented client as a stalking horse bidder in two §363 sales, survived contentious plan confirmation and defeated multiple adversary proceedings claims.
Mr. Sakay holds a J.D. from the University of Washington School of Law, where he served as Executive Comments Editor for the Pacific Rim Law and Policy Journal. He also obtained his B.A. from Whitman College with honors and distinction.
- United States Colorado State Supreme Court
- United States Washington State Supreme Court
- United States Oregon State Supreme Court
- United States District Court for the District of Colorado
- United States District Court for the District of Oregon
- United States Court of Appeals for the Ninth Circuit
- Unites States Bankruptcy Court for the District of Oregon
- United States District Court for the Western District of Washington
- United States District Court for the Eastern District of Washington
- United States Bankruptcy Court for the Western District of Washington
- United States Bankruptcy Court for the Eastern District of Washington
- King County Bar Foundation, Future of the Law Institute – Volunteer Mentor
- Cooperating Attorney, A.C.L.U. of Washington
- University of Washington School of Law, Professional Mentorship Program
- MAVIN, Past-President and Former Member – Board of Directors
- Seattle Youth Lacrosse Club, Founding Member and Youth Lacrosse Coach
Additional Specialties
Bankruptcy