Dan Merrett has substantial experience representing clients in some of the most significant corporate and municipal restructurings in recent years. He represents companies across a variety of industries, municipalities, secured lenders, unsecured creditors, potential purchasers, and other significant constituencies in distressed situations, with a particular focus on representing debtors and other key constituencies in chapter 11 proceedings.
Among Dan's recent representations, he served as counsel to M&G USA Corporation and eight affiliates in their chapter 11 cases, including the successful sale of the debtors' partially constructed polyethylene terephthalate plant with a deal value in excess of $1 billion. He also recently represented Georgia Power Company, on behalf of itself and the other owners of the Alvin W. Vogtle nuclear power plant, in connection the chapter 11 cases of contractor Westinghouse Electric Company and its affiliates. Previously, Dan played a leading role as debtors' counsel in the chapter 11 cases of Alpha Natural Resources, one of the country's largest coal companies, and in the successful prepackaged chapter 11 case of aftermarket automotive distributor, Transtar Holding Company. He was also an important member of the restructuring teams in the historic bankruptcies of the City of Detroit and Chrysler.
Dan has written and presented extensively on bankruptcy topics. His articles have been published in the Norton Journal of Bankruptcy Law and Practice, the Emory Bankruptcy Developments Journal, and Pratts Journal of Bankruptcy Law, among other authorities.
Bolstering the Majority Rule: Bankruptcy Court Holds that Adjudication of Avoidance Liability Is Prerequisite to Disallowance of Transferee's Claim Under Section 502(d)
First Impressions: 9th Circuit Rules that Notice of Proposed Substantive Consolidation Must Be Given to Creditors of Non-Debtor
Washington District Court Overturns Approval of Third-Party Releases in a Settlement Agreement and Related Free-and-Clear Sale
Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric in Authorizing Free and Clear Bankruptcy Sale
Second Circuit Settles the Meaning of Settlement Payments Under Section 546(e) of the Bankruptcy Code
Pensions and Chapter 9: Can Municipalities Use Bankruptcy to Solve Their Pension Woes?, Emory Bankruptcy Developments Journal, 27 Emory Bankr. Dev. J. 365 (2011)
- December 2016
Taking Stock: United States Supreme Court Presented With Opportunity to Settle Meaning of Section 546(e), Norton Journal of Bankruptcy Law and Practice, 25 No. 6 J. Bankr. L. & Prac. NL Art. 1 (December 2016)
- May 2012
Safe Harbor Supernova: Is Section 546(e)'s Stellar Protection of Private LBO Transactions About to Burn Out?, Norton Journal of Bankruptcy Law and Practice, 21 J. Bankr. L. & Prac. 3 Art. 1 (May 2012)
- January 13, 2017
Sherlock Holmes and Ethical Rules Addressing Discrimination: A Cinematic Journey, Jones Day CLE Academy
- April 23, 2015
The Decline and Rebirth of Detroit
Urban Fellows of Georgia State University and Georgia Institute of Technology
- Georgia State University (J.D. magna cum laude 2007; Managing Editor, Georgia State University Law Review); University of Leeds, England (B.A. Hons. in French & Linguistics 1995)
- Georgia and solicitor of the Senior Courts of England and Wales
- Judicial intern to: the Honorable Marvin H. Shoob, U.S. District Court, Northern District of Georgia (2006) and the Honorable John J. Goger, Fulton County Superior Court, Georgia (2005)