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

Bar Admissions

• Oregon
• Washington
• Colorado

Significant Accomplishments
<ul><li>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.</li><li>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.</li><li>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.</li><li>Successfully represented creditor and cryptocurrency mining farm owner in <em>In re GigaWatt, Inc.</em>, one of the first cryptocurrency related bankruptcies.</li><li>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 <em>FTX, Voyager Digital, Genesis Global Capital and Core Scientific.</em></li><li>First-chaired numerous adversary proceedings as well as expedited insolvency hearings in state court. For instance, appointed special counsel to the Debtor-in-Possession – <em>In re Partners Mortgage Corporation</em> where he recovered several million dollars for creditors.</li><li>Counsel to secured creditors and critical vendors in hospital bankruptcies nationwide such as <em>In re Mercy Hospital</em>.</li><li>Advise construction lenders in contested receiverships in both Washington and Oregon involving large mixed-use and hotel properties, successfully navigating completion and sale.</li><li>Represented various regional and national lenders in single-asset real estate bankruptcies.</li><li>Provide ongoing advice to commercial landlords in large Chapter 11 bankruptcies.</li><li>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.</li></ul>

• Temporary Changes to Bankruptcy Code in New COVID-19 Legislation
• Cryptocurrency in Bankruptcy: When an Irresistible Force Meets an Unmovable Object
• Where Did All the Chapter Elevens Go? Washington’s Little-Known Statute That Could Topple a Monolith
• The SBRA During the COVID-19 Pandemic
• COVID-19: Options for Distressed Small Businesses in Washington, Oregon, and California
• President Trump Signs Coronavirus Aid, Relief and Economic Security Act (CARES Act) into Law
• Small Business Bankruptcy and Receiverships
• What Commercial Lenders Need to Know About the Small Business Reorganization Act of 2019
• New Small Business Reorganization Act to Provide Powerful Tools for Small Business Debtors
• Three Recent Significant Changes to the Bankruptcy Code Affecting Veterans, Reservists, and Family Farmers