Attorneys at Law

Joel A. Gaffney, Esq., Partner




Mr. Gaffney is a Bankruptcy & Restructuring attorney with advanced training in bankruptcy and restructuring law and extensive experience handling matters in State and Federal courts.  He focuses his practice on consumer and commercial bankruptcy matters, assisting individual consumers and businesses at the cross-roads of financial distress and insolvency.  Mr. Gaffney is also familiar with and experienced in advising clients in connection with matters involving general debtors' and creditors' rights, including asset protection strategies, foreclosures and collections.


Mr. Gaffney earned his B.A. in History from the University of New Mexico, where he also concentrated his studies in Political Science and then obtained his J.D. with honors from Brooklyn Law School, where he participated in the Consumer Counseling and Bankruptcy Clinic and served on the Moot Court Honor Society.  During law school, Mr. Gaffney was also a member of The International Legal Honor Society of Phi Delta Phi. 


After law school, Mr. Gaffney pursued and was awarded a master's of law degree in bankruptcy studies from St. John's University School of Law, where he studied under many preeminent bankruptcy judges and practitioners.


Admitted to practice law in the state and federal courts located in both New York and New Mexico, Mr. Gaffney is also admitted to practice before the United States Court of Appeals for the Second Circuit, and is a member of the American Bankruptcy Institute.


Mr. Gaffney provides accurate advice and guidance throughout the entire bankruptcy process, and has also presented and authored on various aspects of the subject.. 


Recently, Mr. Gaffney has represented:


  • individual creditors in U.S. Bankruptcy Court adversary proceedings involving objections to discharge, including successfully obtaining judgment as against bankrupt debtor and successfully defending creditor against related appeal to the U.S. District Court for the Eastern District of New York and again in the further appeal by same to the U.S. Court of Appeals for the Second Circuit ;

  • individual debtors in U.S. Bankruptcy Court adversary proceedings, including successfully opposing summary judgment and negotiating consensual dismissal of case; and

  • debtor in single asset real estate chapter 11 case; plan confirmed June 20, 2016

SILVERMAN & SARDAR LLP

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​​ EDUCATION

HONORS & AWARDS

  • New York
  • New Mexico
  • U.S. Court of Appeals for the Second Circuit​
  • U.S. District Court for the Eastern District of New York
    U.S. District Court for the Southern District of New York

  • U.S. District Court for the District of New Mexico 
  • LL.M., St. John's University School of Law, 2015
  • J.D., ​Brooklyn Law School, cum laude
  • B.A., University of New Mexico, 2009

PUBLICATIONS

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AFFILIATIONS/MEMBERSHIPS

  • New York
  • New Mexico

Silverman & Sardar LLPReviewsout of 1 review
  • Board Member, Bankruptcy Section of the New Mexico Bar Association
  • American Bankruptcy Institute
  • Presenter, It's Never Really Over, Even When It's Over: Analyzing The Limits Of Bankruptcy Jurisdiction, in American Bankruptcy Institute Live Webinar Series, November 2018.
  • Dismissal of Involuntary Bankruptcy for Petitioning Creditor's Bad Faith, in Norton Journal of Bankruptcy Law & Practice, Volume 25 Number 3, June 2016.
  • Super Lawyers Rising Stars, 2019-20

COURT ADMISSIONS

BAR​​ ADMISSIONS/LICENSES