Joseph R. McCarthy
Joseph is a Partner with Meyner and Landis, LLP and a member of the firm's litigation group. He concentrates his practice in the areas of collections, bankruptcy, creditors' rights, and real estate.
He represents large financial institutions, hedge funds, landlords, small businesses, and other creditors in a variety of matters including commercial and residential mortgage foreclosure actions, collection actions, workouts, bankruptcy litigation, real estate transactions, loan purchases and sales, and other general litigation matters. He has extensive experience in state court foreclosures and receiverships and other aspects of creditor-debtor litigation, including appellate advocacy.
From 2013 through 2016, Joseph was selected for inclusion in New Jersey Super Lawyers as a Rising Star in the field of creditors' rights. He is admitted to practice law in all state and federal courts in New Jersey, the U.S. District Court for the Southern and Eastern Districts of New York, and the District of Columbia. He graduated with honors from Rowan University.
Joseph received his law degree from New York Law School and was twice published in the New York Law School's Journal of Human Rights. After graduating law school, Joseph served as an Assistant Prosecutor with the Union County Prosecutor's Office where he specialized in criminal jury trials. Joseph is a member of the Essex County and New Jersey Bar Associations.
- Joseph served as counsel for one of the largest wholesale distributors of refined petroleum products in the United States and successfully obtained a $3.9 million judgment against a New Jersey based supplier and its principal guarantor for non-payment. He also represented the wholesale distributor in all phases of Chapter 7 bankruptcy actions filed on behalf of the supplier and its principal and prosecuted an adversary proceeding for non-dischargeability against the principal for fraud and misrepresentation.
- He served as counsel for a state court appointed receiver in a multimillion-dollar securities fraud case brought by the New Jersey Bureau of Securities in New Jersey state court. His responsibilities included winding up the affairs of the corporate defendants and locating and liquidating all assets of the defendants for distribution to the defrauded investors and creditors. This involved liquidating a mansion and its contents owned by the corporate defendant's principal in Palm Beach County, Florida, auctioning off the contents of the corporate defendant's business office in New Jersey, and instituting fraudulent transfer litigation against insiders and third parties to recover hundreds of thousands of dollars for the receivership estate.
- He represented a state chartered bank in obtaining a final judgment of foreclosure and a $6.1 million collection judgment against a New Jersey based corporation that manufactures research products. Following a year of complex and contested foreclosure and collection litigation, he negotiated the terms of a workout agreement with the borrower and guarantors.
- He represented a group of hedge funds in the purchase of many millions of dollars' worth of loans secured by mortgages on distressed real estate including the negotiation of the asset purchase agreements and due diligence review of the loan assets and related foreclosure and bankruptcy litigation. Upon acquisition of the loan assets, he represented the hedge funds in all aspects of pending mortgage foreclosure, collection and bankruptcy litigation and in the sale of mortgaged properties acquired through Sheriff's Sale or Deed In Lieu of Foreclosure.
- He represented a state chartered bank in defense of claims that the bank violated the N.J. Consumer Fraud Act by entering into a settlement with its borrower that interfered with the borrower's obligation to refund a membership deposit owed to a member of a private country club.
- He represented a residential cleaning service in Hoboken, New Jersey in a defamation lawsuit against a former customer, a trademark infringement suit against a competitor in North Carolina, and an action for breach of contract against a search engine optimization consultant.
- Provides strategic planning and counsel to lenders, borrowers and guarantors regarding corporate, real estate and bankruptcy law aspects of major acquisitions, workouts, bankruptcies, restructurings and liquidations.
- Absolute Assignment of Leases and Rents in 3d Cir Bankruptcy Law , Joseph McCarthy, New Jersey Lawyer, February 2017
Areas of Practice
- Creditors' Rights
- Real Estate
- New Jersey, 2004
- U.S. District Court District of New Jersey, 2004
- District of Columbia
- New York Law School, New York, New York - 2003
- Rowan University, Glassboro, New Jersey - 1999
Honors and Awards
- Rising Star, 2013 - 2017
Professional Associations and Memberships
- Essex County Bar Association, Member
- New Jersey Bar Association, Member
Past Employment Positions
- Union County Prosecutor's Office, Assistant Prosecutor, 2004 - 2006
- McElroy, Deutsch, Mulvaney & Carpenter, Associate, 2006 - 2008
- Hill Wallack LLP, Associate, 2008 - 2012