Joseph R. McCarthy

		Practice Areas	Creditors' Rights/Bankruptcy
		Areas of Emphasis	Creditors' Rights Bankruptcy
		Bar Admission	New Jersey, U.S. District Court, District of NJ, U.S. District, Eastern District of NY, U.S. District Court, Southern District of NY
		Education	Rowan University New York Law School
		Direct Dial	(609) 734-6384
		Email	jmccarthy@hillwallack.com vCard

Joseph R. McCarthy is an associate in the Princeton, N.J. office of Hill Wallack LLP in the Creditors’ Rights/Bankruptcy Practice Group and a member of its Litigation Division.

Representative Clients

Mr. McCarthy represents clients in both state and federal courts in bankruptcy, insolvency, and other creditors’ rights matters. His clients include secured and unsecured creditors, and financial institutions, and receivers.

Mr. McCarthy also represents clients in New Jersey municipal and state courts in a variety of criminal and quasi-criminal matters, including white-collar crime, criminal litigation, juvenile delinquency, domestic violence, and traffic court.

For example, he has represented:

• Lending institutions such as Sovereign Bank, Investors Savings Bank, Amboy Bank, Sun National Bank, TD Bank, N.A., J.P. Morgan Chase Bank, N.A., CitiMortgage, Inc., Webster Bank, N.A., Crown Bank, N.A., and Caterpillar Financial Services. His work for these lenders includes residential and commercial foreclosures, commercial litigation, replevin and/or attachment actions, receivership, pendente lite sales, fraudulent transfer litigation, actions to quiet title, and workouts and asset sales, including drafting forbearance and/or modification agreements. His work also includes defending against lender liability claims, including RESPA, TILA, FDCPA, and New Jersey Consumer Fraud Act.
   
• State court appointed receiver in securities fraud, fraudulent conveyance, preferential transfer, professional liability, negligence, and other related claims.

Representative Matters

Mr. McCarthy represents clients in matters such as those summarized below:

• He has represented the court appointed receiver for James Hankins, Jr., The Hankins Group, Ltd., Hankins Private Client Group, LLC, and Hankins Life Settlement LLC in a multimillion-dollar securities fraud case brought by the New Jersey Bureau of Securities before the Superior Court of New Jersey, Chancery Division, General Equity Part, Monmouth County. He has advised the receiver in all matters relating to the 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. He has creatively worked with the receiver to liquidate the minimal assets left in the estate including a mansion and its contents in Palm Beach County, Florida; resolved a dispute with the receivership entities’ commercial landlord and auctioned off the contents of the entities’ office; located secreted assets and liquidated same; and instituted legal actions resulting in the recovery of nearly $600,000.00 to date for the receivership estate.
   
• Mr. McCarthy has represented a nationally chartered bank with respect to an unsecured claim against a major supplier of energy sources arising from its default under a $1,000,000.00 promissory note executed in favor of the bank and obtained a 100% recovery for the bank by instituting legal proceedings to establish a lien against the proceeds of a settlement between the bank’s borrower and a third-party.
   
• Mr. McCarthy has represented a state chartered bank in defense of allegations that the bank violated the New Jersey Consumer Fraud Act by entering into a workout arrangement with its Borrower that interfered with the Borrower’s obligation to refund a membership deposit owed to a founding member of a private country club.
   
• He represents a nationally chartered bank in condemnation proceedings and actions brought by municipalities against financial institutions for violations of municipal and state building, fire and health codes concerning abandoned residential properties;
   
• He has represented a state chartered bank in an action brought by a condominium association against numerous parties, including the Treasurer and property manager of the condominium association who are alleged to have embezzled in excess of $1,000,000.00 from the association, alleging that the bank allowed a deposit account to be opened in the association’s name without its authority, allowed its condominium fees to be deposited therein, and allowed the payment of various unauthorized checks to the various individuals and entities.

Mr. McCarthy is admitted to practice before the State Court of New Jersey, United States District Court, District of New Jersey, Eastern District of New York, Southern District of New York, Third Circuit Court of Appeals, and Second Circuit Court of Appeals. He previously served as an Assistant Prosecutor with the Office of the Union County Prosecutor’s office. Mr. McCarthy earned his law degree from New York Law School as an honors graduate and received his undergraduate degree from Rowan University.