Dan T.Moss

Partner

(T) 1.202.879.3794

Dan Moss has represented debtors, creditors, trustees, and creditor committees in some of the largest and historic corporate and government reorganizations in the United States. He also has extensive experience counseling clients on fraudulent conveyance, preferential transfer, fiduciary duty, and corporate governance issues.

Dan recently 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 represents 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 and the decision to reject certain dealership agreements.

Additionally Dan 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 member of INSOL International and writes frequently about cross-border restructuring matters.

Experience


  • 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.
  • OGE Energy to acquire 146 MW combined cycle natural gas-fired power generation facilityJones Day is advising 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.
  • OGE Energy to acquire 360 MW coal-fired generation facilityJones Day is advising 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.
  • 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.
  • 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.
  • Speaking Engagements

    • 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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