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Joseph F. Hutchinson, Jr.

Joe Hutchinson is the National Chair of Baker Hostetler’s Bankruptcy, Restructuring and Creditors’ Rights Practice Group. He also is a member of the Akron, Cleveland Metropolitan, Ohio and American Bar Associations, and is a past president of the Turnaround Management Association (Ohio Chapter). He has lectured extensively on bankruptcy and commercial law as well as lender liability and fraudulent transfer issues. Mr. Hutchinson has been honored in the current and past editions of Chambers USA Guide, The Best Lawyers in America and Ohio Super Lawyers.

Joe concentrates his practice on commercial and bankruptcy law. He represents debtors and creditors’ committees in large chapter 11 cases.  He also specializes his practice in restructuring financially distressed entities and in commercial litigation involving contract disputes, constructive fraud and failed LBOs.

In addition, Joe counsels manufacturers, healthcare entities, energy companies, energy trading companies, retail chains, financial institutions, construction companies, importers, technology companies, real estate firms, professional service companies, regional airlines, banks, governmental agencies and telecommunications companies in commercial transactions, litigation, refinancing, financial workouts, bankruptcy-related matters and acquisitions.

Joe represents or has represented the following debtors in chapter 11 cases:

• Excello Engineered Systems, LLC (automobile parts supplier);
• CEP Holdings, LLC (automobile parts supplier);
• VSV Group, Inc. (ambulance and computer bus manufacturer);
• Cold Metal Products, Inc. (steel processor);
• Controlled Power Corporation, Inc. (machinery);
• American Way Investment Corporation (nursing homes);
• Machining Corporation of America, Inc. (machining and engineering); and
• DeLuca Distributing, Inc. (regional beer distributor).

Joe also represents or has represented the following creditors’ committees in Chapter 11 cases:

• LTV Steel Company (integrated steel manufacturer—official administrative creditors’ committee)
• The Copperweld Steel Company (special bar quality steel manufacturer);
• Republic Technologies, Inc. (special bar quality steel manufacturer);
• Republic Engineered Products, LLC (special bar quality steel manufacturer);
• Deaconess Hospital
• Akron Thermal Limited Partnership (public utility);
• NRM Steelastic, Inc. (equipment manufacturer for tire/rubber industry);
• Terex, Inc. (manufacturer of earth moving construction equipment);
• Phar-Mor, Inc. (retail drug store chain);
• Drug Emporium, Inc. (retail drug store chain);
• Revco D.S., Inc. (retail drug store chain—representation of unofficial committee of secured creditors);
• Grand Eagle, Inc. (industrial equipment manufacturer);
• Renaissance Plastics, Inc. (automotive supplier);
• Bliss-Salem, Inc. (steel mill repair and manufacturer);
• W. G. Lockhart Construction Company (developer/construction); and
• Roco Supply Inc. (fuel supply company).

Joe’s other significant representations include:

• Federal Deposit Insurance Corporation in chapter 11 proceedings of AmTrust Financial Corporation and its affiliated debtors and debtors in possession in the Northern District of Ohio;
• Representation of major national bank in asset recovery workouts and bankruptcy matters;
• Representation of Creditors’ Committees in several large chapter 11 cases in litigation against secured creditors to recharacterize secured debt as equity;
• Representation of Creditors’ Committees in several large chapter 11 cases in litigation against lenders and former owners who received fraudulent conveyances in pre-petition LBO’s;
• Representation of public utility in multimillion-dollar litigation in Enron chapter 11 proceeding;
• Representation of public utility in steel company chapter 11 proceeding;
• Representation of national insurance company in Adjusters’ Auto Rental, Inc. chapter 7 case regarding multimillion-dollar claim for retrospective premiums;
• Representation of national insurance company regarding funding claims in an insurance company superintedency proceeding in Pennsylvania state courts;
• Representation of Ohio Bureau of Workers’ Compensation and State of Ohio Department of Taxation in many significant chapter 7 and chapter 11 cases in the Northern District of Ohio;
• Representation of two law firms in claims against them in respect of separate representations in chapter 11 bankruptcy cases;
• Representation of large grocery store chain in restructuring and refinancing transaction;
• Representation of fabric importer and converter in restructuring and refinancing transactions;
• Representation of industrial hose manufacturer regarding acquisition of joint venture interest in China from bankrupt joint venturer;
• Representation of many clients in acting as purchaser in bankruptcy and receivership sales;
• Representation of chapter 7 trustee in legal malpractice case in respect of a multimillion-dollar statewide penny stock fraud scheme;
• Representation of two chapter 11 debtors against the Pension Benefit Guaranty Corporation regarding calculation of administrative and minimum funding unsecured claims;
• Representation of debtor in litigating refund of excise taxes from the Internal Revenue Service in chapter 11 case;
• Appointed by Bankruptcy Court as special counsel for fraud investigation;
• Representation of Chief Restructuring Officer in fee dispute in chapter 11 reorganization of steel company;
• Representation of tort claimants committee in chapter 11 proceeding of company that provided emergency room medical personnel to hospitals located on east coast;
• Representation of large lumber mill in Millersburg, Ohio, regarding restructuring and sale;
• Representation of group of retirees in Labor Management Relations Act case against international Union;
• Representation of shipper in dispute over demurrage charges by a railroad; and
• Representation of landowner in dispute with regional airport authority in eminent domain litigation.

Reported and Unreported Cases:

• Pension Benefit Guaranty Corporation v. Belfance (In re CSC Industries, Inc.) 232 F.3d 505; 2000 U.S. App. LEXIS 29336 (6th Cir. 2000);
• In re NRM Steelastic, Inc., United States Bankruptcy Court for the Northern District of Ohio, Case Nos. 92-10028 – 10030, Bankruptcy Judge David F. Snow, and NRM Steelastic, Inc., et al., v. Internal Revenue Service, Adv. No. 98-1262, Bankruptcy Judge David F. Snow;
• Daido Steel Company v. Official Committee of Unsecured Creditors, 178 B.R. 129; 1995 U.S. Dist. LEXIS 2423 (N.D. Ohio 1995);
• Copperweld Steel Company v. Daido Steel Co., Ltd., Adv. No. 94-4128, U.S. District Court Judge Ann Aldrich;
• Marc P. Gertz, Trustee v. Emens, Kegler, Brown, Hill & Ritter Co., L.P.A., et al., Case No. 5:93-CV-0331, U.S. District Court Judge Patricia A. Gaughan;
• Official Comm. Of Unsecured Creditors of Grand Eagle Cos., Inc. v. Asea Brown Boveri, Inc. (In re Grand Eagle Cos.), 310 B.R. 79 (Bankr. N.D. Ohio 2004);
• Official Comm. of Unsecured Creditors of Grand Eagle Cos., Inc. v. Asea Brown Boveri, Inc. (In re Grand Eagle Cos.), 288 B.R. 484 (Bankr. N.D. Ohio 2003);
• Williams v. WCI Steel Company, 170 F.3d 598; 1999 U.S. App. LEXIS 4201 (6th Cir. 1999);
• Forster v. Mutual Fire Marine & Inland Insurance Company, 531 Pa. 598; 614 A.2d 1086; 1992 Pa. LEXIS 429 (1992);
• John J. Guy, Trustee v. Terex Corporation, United States Court of Appeals for the Sixth Circuit, Case No. 91-3687; 1992 U.S. App. LEXIS 10018 (6th Cir. Apr. 30, 1992);
• In re Revco D.S., Inc., 91 B.R. 777; 1988 Bankr. LEXIS 1670 (Bankr. N.D. Ohio 1988);
• In re Mary Harpley Builder, Inc., 44 B.R. 151; 1984 Bankr. LEXIS 4625 (Bankr. N.D. Ohio 1984);
• Betsy Ross Foods v. Akron, Canton and Youngstown Railway Co., d/b/a AC&Y Railroad, 13 Ohio App. 3d 145 (1983);
• Akron-Canton Regional Airport Authority v. Swinehart, et al., 62 Ohio St. 2d 403 (1980); and
• Knott v. Penno Leasing Co., 472 F. Supp. 564; 1979 U.S. Dist. LEXIS 13093 (S.D. Ohio 1979).