Joshua D. Silver
Over the course of his legal career, Josh has developed extensive experience representing bankruptcy trustees in all facets of estate administration, including the litigation of adversary proceedings, liquidation of assets, objections to claims, preparation of civil and criminal referrals, and assistance with all other aspects of their case management and reporting duties, having served as counsel to bankruptcy trustees in over 800 cases. In addition to his work with trustees, Josh routinely advises and represents debtors, creditors, and other parties in interest across diverse bankruptcy proceedings.
Representative Matters
- Represented trustee in case involving debtor that operated a Ponzi scheme, and in connection therewith, have (i) obtained denial of debtor’s discharge, (ii) assisted the Office of the Attorney General with the criminal prosecution of the debtor, and (iii) commenced clawback and other litigation proceedings to avoid and recover transfers made by debtor.
- Represented corporation and its related entities and principals in pre-bankruptcy sale of assets, wind down of operations, and settlement of consequential lawsuits. Thereafter, represented corporate client in Chapter 7 proceeding and obtained complete resolution of all remaining claims asserted against all clients via a de minimis settlement.
- Represented debtor in successful Chapter 11 reorganization proceeding and associated adversary proceedings. During course of representation, obtained temporary restraining orders and judgment of injunction against certain creditors, over $1 million in recoveries via litigation, and the elimination of over $12 million in claims asserted against client.
- Represented defendant in defense of multiple adversary proceedings seeking the avoidance and recovery of over $1 million in assets, resulting in dismissal (without settlement) of all counts asserted against client.
- Represented creditor in obtaining conversion of case and entry of contempt order and judgment against debtor’s principals due to misappropriation of estate assets. Thereafter, represented trustee in various litigation and post-judgment collection proceedings.
- Represented trustee in securing a $2.2 million settlement from a debtor to resolve litigation claims involving resulting trusts and fraudulent transfers, as well as obtaining bankruptcy court approval of the settlement despite objections.
- Represented trustee in liquidation of a cargo company, including the sale of a 1,655 gross tonnage general cargo vessel.
- Represented creditor in successful objection to Debtor’s homestead exemption, followed by the purchase of the property from Chapter 7 trustee.
- Represented trustee in the sale of multiple properties located in Colombia as part of a cross-border insolvency proceeding.
- Represented trustee in an appellate proceeding that upheld the bankruptcy court’s appointment of the trustee.
Awards and Recognition
- Florida Super Lawyer
- Rising Star, 2017-2024
- Florida Legal Elite
- Up and Comer 2022
Speaking Engagements
- Panelist, “Professionalism,” Bankruptcy Bar Association of the Southern District of Florida, March 2023
Publications
- Contributor, “Even After an Interest Rate Cut, Fla. Lawyers Expect Bankruptcy Filings to Keep Rising,” Daily Business Review, October 9, 2024
Professional and Community Activities
- Bankruptcy Bar Association for the Southern District of Florida
- Director, 2022 – Present
- American Bankruptcy Institute, Member
- American Bar Association, Member
- Miami-Dade County Bar Association