Dan T.Moss

Partner

Washington + 1.202.879.3794 New York + 1.212.326.3432

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Dan Moss has significant experience in business finance and restructuring, with a particular focus on complex corporate reorganizations, distressed acquisitions, chapter 15 restructurings, and crypto-related matters. Dan has represented debtors, creditors, and creditor committees in significant corporate and government reorganizations. He also has counseled clients on avoidance litigation, fiduciary duty, and corporate governance issues.

Dan served as co-lead counsel for the Official Committee of Unsecured Creditors in the Toys "R" Us Property Company I chapter 11 cases and the Peabody Energy chapter 11 cases. Dan played a significant role in the City of Detroit's historic chapter 9 case — from litigating the City's eligibility for chapter 9 to confirmation of its plan for the adjustment of debts. He also represented the Washington Metropolitan Area Transit Authority in connection with its revitalization efforts.

In connection with Jones Day's representation of the Chapter 7 Trustee of Anthracite Capital, one of the largest chapter 7 cases ever filed, Dan oversaw all aspects of this engagement, which resulted in a recovery of approximately $47 million for the estate and a release of more than $33 million in secured affiliate claims. He also was a member of the team that represented Chrysler in the sale of its assets to Fiat.

Dan also devotes time to monitoring various legislative proposals pending in Congress that would amend the Bankruptcy Code and pro bono activities such as the representation of disabled veterans. He is an active leader of INSOL International and writes frequently about cross-border restructuring matters.

Experience


  • Minsheng aircraft leasing entities defeat fraudulent transfer and preference claims with presumption against extraterritorialityJones Day represented Chinese and Irish aircraft leasing entities (the "Minsheng and Yuntian Entities") in the chapter 7 cases of Zetta Jet PTE, Ltd, a Singapore entity ("Zetta Singapore") and Zetta Jet USA, Inc. (collectively, the "Zetta Entities").
  • ZapGo sells business and assets in administration saleJones Day advised David Buchler of Buchler Phillips Ltd and Darren Edwards of Aspect Plus Limited in their capacity as joint administrators of ZapGo Ltd (in administration), in connection with the marketing and sale of the company's business and assets.
  • Members of Intelsat Jackson Crossover Group to own 96% of reorganized Intelsat equity following complex chapter 11 plan confirmation processJones Day represents the largest creditor constituency (the "Jackson Crossover Group") holding more than 47% ($7 billion) of the debtors' entire funded debt in the highly complex chapter 11 cases of In re Intelsat S.A., et al. (Case No. 20-32299-KLP), pending in the Eastern District of Virginia bankruptcy court (the "Bankruptcy Court").
  • OGE Energy acquires 146 MW combined cycle natural gas-fired power generation facilityJones Day advised Oklahoma Gas and Electric Company, a subsidiary of OGE Energy Corp., in the purchase of a 146 MW combined cycle natural gas-fired power generation facility from Oklahoma Cogeneration, LLC in Oklahoma City, and subsequently renamed it Frontier Power Plant.
  • OGE Energy acquires 360 MW coal-fired generation facilityJones Day advised Oklahoma Gas and Electric Company, a subsidiary of OGE Energy Corp., in the purchase of a 360 MW coal-fired generation facility and associated equipment from AES Shady Point, LLC, now known as River Valley Power Plant.
  • Zeavion Holding Pte. Ltd. contract assumed in Gymboree bankruptcyJones Day successfully represented Zeavion Holding Pte. Ltd., a significant trademark license holder, in connection with, among other things, the assumption and assignment of a significant trademark license and ancillary agreement from Gymboree to The Children's Place in connection with Gymboree's section 363 sale of substantially all of certain Gymboree assets to The Children's Place.
  • WMATA engages advisors for executive boardJones Day is serving as the strategic executive advisor to the Washington Metropolitan Area Transit Authority's General Manager/Chief Executive Officer and its Board of Directors in connection with its efforts to evaluate its finances, operations, and governance.
  • PAG invests in Key Safety Systems to finance acquisition of global assets of Takata CorporationJones Day represented PAG Asia Capital Ltd. and PAG Asia II LP in connection with its investment in Key Safety Systems, a subsidiary of China-based Ningbo Joyson Electronic Corporation, to finance the acquisition of substantially all of the global assets of Takata Corporation out of bankruptcy in the U.S. and Japan and certain non-bankruptcy transactions elsewhere in the world.
  • Jones Day successfully represented a WLCH client at an informal hearing held at the Office of Fair Hearings of DC Housing AuthorityThe client received a Recommendation for Termination of Participation from DCHA on or about August 21, 2017 and was recommended to be terminated from the Housing Choice Voucher Program.
  • Peabody Energy exits chapter 11 in less than a yearFacing unprecedented industry conditions in late 2015 and early 2016, Peabody Energy Corporation, the world's largest private-sector coal company, and 153 of its direct and indirect subsidiaries filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri on April 13, 2016.
  • Unincorporated association converts to nonprofit corporationJones Day advised a national membership organization that had operated for decades as an unincorporated association with respect to its conversion to a nonprofit corporation.
  • Peabody Energy closes $800 million DIP financing packageJones Day represented Peabody Energy Corporation, a large private-sector coal company, in connection with their $800 million debtor-in-possession superpriority secured financing arrangement.
  • Peabody Energy successful in defense of Patriot Coal's claimJones Day represented Peabody Energy Corporation ("PEC") when Patriot Coal revisited bankruptcy on May 12, 2015, having filed for chapter 11 protection in the Eastern District of Virginia with $2 billion in assets against $2.4 billion in debt (collectively, "Patriot 2").
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • Chapter 7 Trustee of Anthracite Capital recovers in excess of $50 million for estateJones Day represented the Chapter 7 Trustee (the "Trustee") of Anthracite Capital, Inc. ("Anthracite") in its chapter 7 bankruptcy which filed on March 15, 2010 in the U.S. Bankruptcy Court for the Southern District of New York.
  • National organization settles all claims in preference actionJones Day successfully represented a defendant in one of the largest preference action claims in a chapter 11 bankruptcy case such that the client was able to settle all claims against it for 30% of the amount alleged as being a preferential payment and thereby substantially reduce company's potential damage exposure to a level significantly below the company's reserve exposure.
  • H&R Block settles false advertising claimsJones Day defended H&R Block, Inc. against a plaintiff pursuing five counts of false advertising and seeking $100 million in damages.
  • Chrysler sold to Fiat-led "New Chrysler" after historic court proceedingsAfter a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.
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    March 20223 Newsletters

    Business Restructuring Review March–April 2023 | Vol. 22 No. 2

    March 2023 Reprint

    Inaugural Survey of Chapter 15 of the Bankruptcy Code (The Business Lawyer)

    March 2023 Newsletters

    Foreign Representative's Failure to Communicate with Bankruptcy Court Warrants Closure of Chapter 15 Case

    March 2023 Newsletters

    Chapter 15 Recognition Limited to Foreign Insolvency, Liquidation, or Restructuring Proceedings

    February 2023 Commentary

    New York Department of Financial Services Issues Guidance on Virtual Currency Custodial Services

    February 2023 Commentary

    Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

    December 2022 Newsletters

    Business Restructuring Review Vol. 21, No. 6 | November-December 2022

    December 2022 Newsletters

    U.S. Bankruptcy Court Can Enforce Foreign Restructuring Plan Providing for Cancellation of U.S. Law-Governed Debt

    November 2022 White Paper

    Digital Assets Defined: Writing Digital Assets into the Bankruptcy Code

    July 2022 Newsletters

    Business Restructuring Review Vol. 21 No. 4 July–August 2022
    View All

    Additional Publications

    • July 2021
      Bankruptcy Ruling Highlights Growing Use Of Chapter 15, Law360

    Speaking Engagements

    • December 15, 2022
      Speaker, "Strengthening Insolvency Systems in Asia and the Pacific" program, Manila. Event was organized by the Asian Development Bank, Singapore Management University, Singapore Global Restructuring Initiative, University of Chicago Law School's Center on Law and Finance, University of Cambridge's Centre for Corporate and Commercial Law, and INSOL International. Topics included cross-border insolvency regimes, trends, and practical implications related to such proceedings and emerging trends in the United States and other jurisdictions.
    • October 8, 2020
      Panel Presentation with Antonio Alvarez III, Managing Director of Alvarez & Marsal Europe, on “Perspectives on Restructuring and Bankruptcy Trends in a Time of Crisis,” hosted by the Cornell Law Young Professionals Network (CLYP) in collaboration with Cornell’s S.C. Johnson Graduate School of Management.
    • July 24, 2018
      Singapore Insolvency Conference: Participated in a moot court and argued on behalf of unsecured noteholders in a cross border restructuring involving a US chapter 11 proceeding, a concurrent Singapore scheme of arrangement, and a BVI recognition of the same.
    • November 30, 2017
      "Lessons learned from Detroit and other distressed municipal entities," Presentation to the City of Boston Planning and Development Agency
    • June 28, 2017
      "Detroit Lessons Learned" Panel Presentation to the World Bank Group Finance & Markets and Governance Global Practices
    • March 19, 2014
      Detroit: Rising from the Ashes, Kevyn D. Orr, Cornell University Law School, Clarke Business Law Institute

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