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JOAO F. MAGALHAES

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JOAO F. MAGALHAES

Joao Ferreira Magalhaes is Counsel at Inglesino, Webster, Wyciskala & Taylor, LLC and concentrates his practice in the areas of commercial litigation, corporate restructuring and general counseling, bankruptcy, and regulatory affairs. The product of diverse personal and professional backgrounds, Mr. Magalhaes has successfully represented both public and private concerns and is a nationally-published writer/editor. In 2013 through 2019, Mr. Magalhaes was selected as a “New Jersey Rising Star” by New Jersey Monthly Magazine. In 2015, Mr. Magalhaes was named a “New Leader of the Bar” by New Jersey Law Journal.

As a litigator, Mr. Magalhaes has engaged in federal, state and multistate matters involving a wide array of issues, including contract disputes (private and governmental), debtor/creditor rights, partnership/shareholder disputes, insurance coverage, landlord/tenant disputes, employment/labor laws, tax litigation and legal ethics. Mr. Magalhaes has also guided clients through the federal and state appellate processes, including having successfully represented clients as far as the United States Court of Appeals for the Third Circuit.

As a restructuring professional, Mr. Magalhaes has effectively assisted clients through both out-of-court workout negotiations and formal legal proceedings. In the context of reorganizations, Mr. Magalhaes has represented entities ranging from national going concerns to local nonprofits, including entities in the sectors of healthcare and medical equipment, housing, retail, engineering and logistics consulting, hospitality, food and beverage, automotive vehicle distribution, and others.

Mr. Magalhaes is equally active in other bankruptcy matters, having represented trustees, creditors, individual debtors, and financial professionals across a broad spectrum of cases. He has worked alongside numerous trustees to administer bankruptcy estates through recovering assets, overseeing auctions and other liquidations, prosecuting avoidance actions, negotiating and litigating claims disputes, and providing guidance on complex issues such as the impact of environmental laws and other governmental regulations. In his representation of creditors, Mr. Magalhaes has served both creditor committees and single creditors, including warehouseman and carrier lienholders, in order to advance rights and maximize recoveries. With regard to individual debtors, he has worked with people from all walks of life seeking a fresh start, and has often served the community on a pro bono basis. Mr. Magalhaes has also represented purchasers of distressed assets.

Mr. Magalhaes also has extensive experience in counseling clients in connection with day-to-day operations, corporate initiatives and regulatory affairs. He has assisted both public and private concerns in ensuring effective administration and compliance with federal and state rules and regulations, and has also provided guidance on critical issues such as leasing, insurance coverage, secured transactions, employment policies and intellectual property. He has assisted public entities in navigating concerns ranging from waste disposal to public bidding guidelines. He has worked in-house for an international telecommunications provider in assimilating and analyzing the impact of hundreds of site leases in preparation for nationwide site overhauls and technological upgrade initiatives. Also, before becoming an attorney, during his time with the Port Authority of New York and New Jersey, Mr. Magalhaes directly assisted the First Deputy General Counsel in researching and drafting memoranda of law, client advisories and policy papers.

No matter the particular circumstances facing a client, Mr. Magalhaes strives to proceed with an efficient goal-driven approach that respects each client’s specific needs, time, and resources. He has extensive experience in working collaboratively with other professionals, such as accountants, engineers and financial analysts, to determine the best course of action for each unique scenario.

Born in Portugal, Mr. Magalhaes is fluent in Portuguese; also, he is conversational in Spanish.

EDUCATION

  • Seton Hall University School of Law, Newark, New Jersey (J.D., 2008)
  • Villanova University, Philadelphia, Pennsylvania (B.S., 2004) (Minors in English and Sociology)

ADMITTED

  • New Jersey, 2008
  • New York, 2008
  • U.S. Court of Appeals, Third Circuit, 2010
  • U.S. District Court, District of New Jersey, 2008
  • U.S. District Court, Eastern District of New York, 2011
  • U.S. District Court, Southern District of New York, 2011

AFFILIATIONS

  • On August 28, 2018, Mr. Magalhaes was appointed by the Supreme Court of New Jersey to serve on the Supreme Court of New Jersey District V-B Ethics Committee. Mr. Magalhaes is presently serving a term that expires in 2022.
  • Since 2018, Mr. Magalhaes has been a presenter for the New Jersey Institute of Continuing Legal Education, and co-created the program titled “The Essential Attorney’s Guide to Bankruptcy & Restructuring in 2018 and Beyond.”
  • Since 2018, Mr. Magalhaes has been a member of the Portuguese-American Leadership Council of the United States, Inc.
  • Since 2017, Mr. Magalhaes has served as a member of the Board of Directors of the Mental Health Association of Essex and Morris, Inc.
  • In 2017, Mr. Magalhaes was appointed a member of the Diversity Committee of the New Jersey State Bar Association. Mr. Magalhaes presently serves as the Chairman of the Committee’s Educational Pipeline Program.
  • Since 2011, Mr. Magalhaes has served as a writer, and later, Coordinating Editor, for the nationally-published American Bankruptcy Institute (ABI) Journal.
  • In 2008 through 2016, Mr. Magalhaes served as a barrister of the Bankruptcy Inn of Court in the District of New Jersey, in connection with which he presented and lectured on various topics of significance to bankruptcy and restructuring practitioners.
  • In 2008 through 2010, Mr. Magalhaes served as the mock trial coach for James Caldwell High School in connection with the Vincent J. Apruzzese Mock Trial Competition.
  • As a law student, Mr. Magalhaes served as Vice President of the Criminal Law Society and Social Chair for the Corporate Law Society.
  • During his time at Villanova, Mr. Magalhaes was a member of the National Honor Society of Collegiate Scholars. Mr. Magalhaes was also active in intramural sports.

PUBLICATIONS

  • Another Piece of the Jurisdictional Puzzle:Bankruptcy Courts Not “Courts” Under 28 U.S.C. § 1631
    American Bankruptcy Institute Journal, March 2018
  • Divided Circuit Denies Lenders Standing to Appeal under “Persons Aggrieved” Doctrine
    American Bankruptcy Institute Journal, January 2017
  • Section 541: Spotlight on Tenth Circuit’s Escrow Funds Ruling
    American Bankruptcy Institute Journal, February 2016
  • McGladrey II: 7th Circuit Upholds Auditor’s in Pari Delicto Defense
    American Bankruptcy Institute Journal, December 2015
  • Changing Faces, Continued Tradition in “NJBankruptcyLand”
    The Absolute Priority, May 2015
  • Managing the Status Quo
    American Bankruptcy Institute Journal, February 2015
  • Barring the Unknown Claimant
    American Bankruptcy Institute Journal, August 2014
  • Seventh Circuit Denies Creditor Relief on Grounds of Inaction
    American Bankruptcy Institute Journal, April 2014
  • Re-Examining § 506(b): Spotlight on Post-Petition Interest
    American Bankruptcy Institute Journal, February 2014
  • Averting Paths to Failure: Patriot Coal Court Authorizes Rejection of CBAs
    and Modification of Retiree Benefits
    American Bankruptcy Institute Journal, September 2013
  • The Sword and the Shield: More on the Old Tale of Deepening Insolvency and the In Pari Delicto Doctrine
    American Bankruptcy Institute Journal, Dec. 2011/Jan. 2012
  • Not Enough Hospitality to All Creditors?
    PSA Denied Between Innkeepers USA Trust and Lehman ALI Inc.
    American Bankruptcy Institute Journal, April 2011
  • Ninth Circuit’s Marshall Decision Denies Anna Nicole Smith’s Estate Millions
    by Placing Limits on Core Jurisdiction for Counterclaims
    Bloomberg Law Reports, July 2010
  • Actions for Accounts Receivable: Non-Core Proceedings? The Enduring Impact of Marathon
    Journal of the National Association of Bankruptcy Trustees, Spring 2010
  • Solid Waste Removal Contract Held Unenforceable Due to Unlicensed Operator
    NJSBA Construction Law Section Newsletter, August 2009

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