Joseph J. McMahon, Jr. (Of Counsel)

Office Location: Wilmington
Phone: (302) 658-1100
Email:
vCard: Download

Joe concentrates his practice in bankruptcy matters. Joe joined Ciardi after more than ten years of service with the United States Department of Justice - Office of the United States Trustee (Wilmington, Delaware), where he represented the United States Trustee for Region Three in connection with some of the nation's largest bankruptcy cases.
Education:
La Salle University (B.A. (magna cum laude, General University Honors), 1992)
Villanova University School of Law (J.D., 1995)

Bar Admissions:
Delaware
New Jersey
Pennsylvania

Court Admissions:
United States Court of Appeals for the Third Circuit
United States District Court for the District of Delaware
United States District Court for the District of New Jersey
United States District Court for the Eastern District of Pennsylvania
United States District Court for the Middle District of Pennsylvania

Memberships:
American Bankruptcy Institute
Delaware Bankruptcy Inn of Court
Delaware State Bar Association (Bankruptcy Section, Committee on U.S. Trustee/Bar Relations)

Law School Honors:
Served as Symposium Editor for the VILLANOVA SPORTS & ENTERTAINMENT LAW FORUM (now JOURNAL)
Co-Author, A History and Analysis of Baseball's Three Antitrust Exemptions, 2 VILLANOVA SPORTS & ENTERTAINMENT LAW FORUM (cited in, inter alia, Minnesota Twins Partnership v. State, 592 N.W. 2d 847 (Minn. 1999) (construing scope of professional baseball's antitrust exemption))

Reported Decisions (Select):
Genesis Health Ventures, Inc. v. Stapleton (In re Genesis Health Ventures, Inc.), 280 B.R. 95 (Bankr. D. Del. 2002), aff'd, 402 F.3d 416 (3d Cir. 2005) (construction of "disbursements" under 28 U.S.C. § 1930(a)(6); effect of "deemed consolidation" provision on obligation to pay quarterly fees under 28 U.S.C. § 1930 (a)(6)) (on brief)

U.S. Trustee v. Official Committee of Equity Security Holders (In re Zenith Electronics Corp.), 329 F.3d 338 (3d Cir. 2003) (whether appeal from bankruptcy court ruling granting "substantial contribution" award under 11 U.S.C. §§ 503(b)(3)(D), 503(b)(4) equitably moot) (part of appellate litigation team)

In re GC Companies, Inc., 274 B.R. 663 (Bankr. D. Del. 2002), aff'd in part, rev'd in part, 298 B.R. 226 (D. Del. 2003) (construction of term "disbursements" in 28 U.S.C. § 1930(a)(6); propriety of request to make substantive consolidation effective nunc pro tunc to the date chapter 11 cases were filed)

DeAngelis v. Rychalsky (In re Rychalsky), 318 B.R. 61 (Bankr. D. Del. 2004) (whether deadline in Federal Rule of Bankruptcy Procedure 4004(a) for filing complaint objecting to discharge was subject to equitable tolling)

In re WW Warehouse, Inc., 313 B.R. 588 (Bankr. D. Del. 2004) (whether gift certificate claims entitled to priority status under 11 U.S.C. § 507(a))

In re Paret, 347 B.R. 12 (Bankr. D. Del. 2006) (whether absence of "presumed abuse" under 11 U.S.C. § 707(b)(2) precluded finding of "abuse" under 11 U.S.C. § 707(b)(1)