Joseph H. Lemkin is a Shareholder in Stark & Stark’s Bankruptcy & Creditors’ Rights Group. He focuses his practice on helping businesses protect their interests when customers, tenants, borrowers, franchisees, and other contractual counterparties experience financial distress. His practice encompasses Chapter 11 reorganizations, creditors’ rights, bankruptcy litigation, commercial litigation, and business restructuring matters throughout the United States.
Mr. Lemkin has developed a national practice representing commercial landlords, financial institutions, manufacturers, franchisors, trade creditors, and other businesses in complex Chapter 11 cases. He serves as a trusted advisor to clients navigating financially distressed situations, providing strategic counsel from the earliest stages of a workout through bankruptcy proceedings, litigation, plan confirmation, and case resolution. Known for his practical, business-oriented approach, he works closely with clients to protect their legal rights while advancing their broader business objectives.
In addition to representing creditors in bankruptcy cases, Mr. Lemkin regularly litigates contested matters and adversary proceedings involving creditors’ rights and commercial disputes. He has substantial experience handling preference and fraudulent transfer litigation, claims disputes, lease and contract issues, and other insolvency-related matters. He also represents businesses in assignments for the benefit of creditors and other out-of-court restructuring and liquidation proceedings.
Mr. Lemkin has also developed an emerging practice representing businesses affected by business email compromise (BEC), wire transfer fraud, and other sophisticated payment fraud schemes. He advises clients regarding disputes involving unauthorized wire transfers, fraudulent payment instructions, and claims arising under Article 4A of the Uniform Commercial Code, as well as related commercial litigation involving the allocation of risk among businesses, financial institutions, and other parties.
Beyond his client work, Mr. Lemkin is a frequent author and speaker on bankruptcy, creditors’ rights, and commercial law topics. He serves as Chair of the Bankruptcy Section of the Mercer County Bar Association and is the Immediate Past President and Founding President of the Jewish Bar Association of New Jersey. He also serves as a member of the New Jersey-Israel Commission, where he works to strengthen economic and professional relationships between New Jersey and Israel.
Before joining Stark & Stark, Mr. Lemkin chaired the bankruptcy practice group at a New Jersey business law firm and was a partner at the AmLaw 100 firm of Duane Morris LLP.
- J.D., Hofstra University School of Law, 1994
- B.A., Rutgers College, 1990
- Quoted. Jewish Bar Association of New Jersey Third Annual Gala Celebrates America New York Post. August 6, 2026.
- Quoted, Non-profit group has twisted the meaning of ‘genocide’ — and hijacked a Zionist hero’s name — to suit its own woke purposes. New York Post. May 10, 2026.
- Quoted, ‘Genocide’ term creator’s family says letters support probe request into use of Lemkin name. The Jerusalem Post. November 11, 2025.
- Speaker, Bankruptcy Basics and Discussion of Recent Case Law. Mercer County Bar Association XTREME CLE. October 23, 2025.
- Featured, Group accused of hijacking Raphael Lemkin, the man who coined the term genocide, to fuel antisemitism. FoxNew.com. September 17, 2025.
- Quoted, Family of Raphael Lemkin, who coined term ‘genocide,’ fights to have his name removed from ‘anti-Israel’ institute. Jewish Insider. September 12, 2025.
- Quoted, Suppliers Get Burned in Expensive Bankruptcy Cases. Wall Street Journal. August 22, 2025.
- Featured, Lawyers Question Daryl Heller Over Family Gifts, Business Entities at Personal Bankruptcy Meeting. LancasterOnline. April 1, 2025.
- Speaker, Mega Case Overview — A Discussion of Issues Presented in Recent Complex Chapter 11 Cases filed in the U.S. Bankruptcy Court, District of New Jersey. Mercer County Bar Association Xtreme CLE. October 16, 2024.
- Panelist, Alternative and Creative Business & Real Estate Liquidations. Community Bank & Private Lender Workout Conference. April 11, 2024.
- Featured, In New Jewish Bar Association, NJ Attys Find A ‘Calling’. Law360. March 22, 2024.
- Speaker, National Chemical Credit Association Annual Education Conference. February 8-10, 2023.
- Co-Author, Subchapter V: Lifeline for Small Business Debtors, not a Sinking Ship for Creditors. Bederson.com. December 8, 2022.
- Speaker, “New Jersey Bankruptcy Court Procedural and Practical Tips”. MCBA Xtreme CLE. October 19, 2022.
- Moderator, Jewish Heritage Month Presentation: “By the Grace of the Game”: Virtual Book Talk and Q&A with Author Dan Grunfeld. Stark & Stark Webinar. May 10, 2022.
- Panelist, Financial Fitness And Economic Growth — BBA Events. Brooklyn Bar Association. June 23, 2021.
- Quoted, Bisnow Ordered To Return $200,000 in Improper Payments From Xceligent. CoStar News. May 20, 2021.
- Quoted, Luby’s to Dissolve Corporate Restaurant Business and Sell Off Real Estate. CoStar News. September 8, 2020.
- Quoted, Bankruptcy protection is option for businesses, individuals hurt by pandemic, but lawyers say filings haven’t become flood ” … yet, ROI-NJ. June 16, 2020.
- Quoted, Expect Another Wave Of Retail Bankruptcies By Year’s End, Bisnow Media. June 10, 2020.
- Quoted, What the Bankruptcy Onslaught Means for the Future of Retail. Business of Fashion. May 11, 2020.
- Author, COVID-19: A Massive Impediment to Bankruptcy Relief. New Jersey Law Journal. April 16th, 2020.
- Quoted, In The Coronavirus Crisis, Some Retailers In Chapter 11 Are Too Stuck To Reorganize, Bisnow Media. April 16th, 2020.
- Quoted, Modell’s Bankruptcy Pause ‘Extraordinary Relief Under Extraordinary Circumstances’. New Jersey Law Journal. April 6th, 2020.
- Quoted, Bankruptcy? Not So Fast. Women’s Wear Daily. March 31st, 2020.
- Quoted, Modell’s Bankruptcy Pause Extraordinary Relief Under Extraordinary Circumstances. New Jersey Law Journal. March 28th, 2020.
- Quoted, Modell’s Stops Rent Payments as Coronavirus Upends Liquidation Strategy. Wall Street Journal. March 27th, 2020.
- Panelist, Plenary: Is Retail the New Energy? TMA Mid-Atlantic Regional Symposium. June 7, 2017.
- Sports Authority Suing Consignment Vendors Early and Often. Law 360. April 15, 2016.
- Quoted, Ch. 11 Rules Stacked Against PacSun’s Reorg Attempt. Law 360. April 7, 2016.
- The Perils of Lending to Your Own Company — How to Avoid Bankruptcy Recharacterization. NJ.com. December 22, 2015.
- Speaker, Bankruptcy Litigation Procedure and Nuances, Bankruptcy Litigation 101. National Business Institute. November 2013.
- Speaker, Ethics in Bankruptcy, Bankruptcy Litigation 101. National Business Institute. November 2013.
- Speaker, Chapter 7 and 13 Bankruptcy: Line-by-Line Workshop, Means Testing. National Business Institute. December 2012.
- Speaker, Bankruptcy: Key Considerations for Corporate Counsel. Duane Morris/Sobel & Co., LLC CLE Symposium. March 16, 2011.
- Co-Author, Channeling Injunctions and Section 524(g) Trusts. Risk and Recovery 2010: Developments in Bankruptcy Reorganization and Finance Law. 2010.
- Speaker, What to Do When Your Tenant or Landlord Files for Bankruptcy. Sax Macy Fromm & Co., PC. August 24, 2010.
- Speaker, What to Do When Your Tenant of Landlord Files for Bankruptcy. Duane Morris CLE Symposium. June 2, 2010.
- Co-Author, Channeling Injunctions and Section 524(g) Trusts. Risk and Recovery 2009: Developments in Bankruptcy Reorganization and Finance Law. 2009.
- Speaker, Key Issues for Consideration When a Supplier Files for Bankruptcy. Unilever North America. March 13, 2009.
- Co-Author, Channeling Injunctions and Section 524(g) Trusts. Risk and Recovery 2008: Developments in Bankruptcy Reorganization and Finance Law. 2008.
- Co-Author, Channeling Injunctions and Section 524(g) Trusts. Risk and Recovery 2007: Developments in Bankruptcy Reorganization and Finance Law. 2007.
- Co-Author, Selected Claims Issues and Channeling Injunctions and Section 524(g) Trusts. Risk and Recovery 2006: Developments in Bankruptcy Reorganization and Finance Law. 2006.
- Co-Author, Channeling Injunctions and Section 524(g) Trusts. Risk and Recovery 2005: Developments in Bankruptcy Reorganization and Finance Law. 2005.
- Co-Author, Channeling Injunctions and Section 524(g) Trusts and Third Party Releases. Risk and Recovery 2004: Developments in Bankruptcy Reorganization and Finance Law. 2004.
- Co-Author, Channeling Injunctions and Section 524(g) Trusts. Risk and Recovery 2003: Developments in Bankruptcy Reorganization and Finance Law. 2003.
- Professional Lawyer of the Year Award issued by the New Jersey State Bar Association Commission on Professionalism in the Law
- 2025 Rutgers Hillel Magen Am Yisrael Award issued by Rutgers University
- “ROI Influencers Power List: Law” issued by ROI-NJ (methodology)
- 2025 “Leaders in the Law Award” list issued by NJBIZ (methodology)
- AARP 2024 New Jersey Andrus Award for Community Service Nominee
- Best Lawyers List issued by Woodward/White, Inc. (methodology)
- 2024 2026; Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
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Professional Organizations
- New Jersey State Bar Association – Diversity Committee
- New York State Bar Association
- American Bankruptcy Institute
- Jewish Bar Association of New Jersey – President and Founding Member
- MAC Angels Foundation, Board Member
- Rutgers University Alumni Association, Director Emeritus
- Rutgers Touchdown Club, President
- Rutgers Center for the Study of Genocide and Human Rights, Development Board Chair
- United Way of Mercer County, Strike Out Hunger Committee
