Shareholder

Seattle, Portland, Denver

Direct: 206.319.7088

Office: 206.319.7052

jsakay@buchalter.com

Bar Admissions

Washington, Colorado, Oregon

Overview

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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 multifaceted insolvency and bankruptcy practice, representing creditors, debtors, and committees in Colorado, Oregon, and Washington. For over three decades, Joe has provided common-sense advice and no-nonsense representation to his clients. He currently represents clients as lead counsel in complex bankruptcy cases as well as providing advice on emerging issues in cryptocurrency bankruptcies. Joe has a strong record of pursuing claims in bankruptcy cases and obtaining non-dischargeability rulings in matters involving Ponzis, fraud, and the hiding of assets.

Over his 30-year career, Joe has appeared in bankruptcies across the United States involving matters under all chapters of the Bankruptcy Code. He has extensive experience with Subchapter V proceedings. Given Canada’s proximity to the Pacific Northwest Joe has handled numerous cases under Chapter 15. His cross-border insolvency work also has spanned the globe, associating with co-counsel in countries including the Cayman Islands, China, Japan, Korea, Ireland, Israel, Italy, Malta, the Netherlands, and the 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, a former bankruptcy judge, then Chief Judge of the United States District Court for the District of Colorado.

Representative Matters

  • 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.
  • Lead Chapter 11 counsel to national bank holding a $42,000,000 claim in closely watched aviation bankruptcy. Assisted the client in the 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 clawbacks 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.

Admissions

  • Oregon
  • Washington
  • Colorado
  • U.S. State Supreme Court Colorado
  • U.S. State Supreme Court Washington
  • U.S. State Supreme Court Oregon
  • U.S. District Court for the Colorado
  • U.S. District Court for the Oregon
  • United States Court of Appeals for the Ninth Circuit
  • U.S. Bankruptcy Court for the Oregon
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Eastern District of Washington
  • U.S. Bankruptcy Court for the Western District of Washington
  • U.S. Bankruptcy Court for the Eastern District of Washington

Education

  • University of Washington School of Law, J.D.
    • Served as Executive Comments Editor for the Pacific Rim Law and Policy Journal
    • While in law school, Joe externed for United States District Judge John C. Coughenour.
  • Whitman College, B.A., with honors and distinction

  • Whitman College Founder’s Award
  • Honors Thesis – The Civil Rights Struggle in Seattle, WA
  • University of Washington School of Law Merit Scholarship

  • Bankruptcy

  • 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

  • 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, Co-Founder, former Board Member and Middle School Lacrosse Coach

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