Dan Moss has significant experience in business finance and restructuring, with a particular focus on complex corporate and cross-border reorganizations, distressed acquisitions, and crypto-related matters. He represents debtors, creditors, and creditor committees in significant corporate and government reorganizations and counsels clients on avoidance litigation and corporate governance matters.
Dan served as co-lead counsel for Diebold Nixdorf in its successful restructuring in 71 days of more than $2.7 billion in funded debt in the first-ever dual proceeding under the United States Bankruptcy Code and Dutch WHOA (wet homologatie onderhands akkoord) restructuring law, including the first-ever chapter 15 recognition of a WHOA proceeding and confirmed restructuring plan. Dan also was lead counsel to Spark Networks SE in connection with its restructuring under the German StaRUG law and the first-ever chapter 15 recognition of a StaRUG proceeding and confirmed reorganization plan. He was also co-lead counsel for the Official Committee of Unsecured Creditors in the Toys "R" Us Property Company I and Peabody Energy chapter 11 cases. In addition, Dan played a significant role in the City of Detroit's chapter 9 case — from litigating the City's eligibility for chapter 9 to plan confirmation.
Dan also devotes time to monitoring legislative proposals pending in Congress that would amend the Bankruptcy Code and has a robust pro bono practice through a representation of a disabled veteran and a nonprofit facing distress. He is an active leader of INSOL International, a member of the International Insolvency Institute, and frequently speaks and writes about cross-border restructuring cases, trends, and legislative developments.
Esperienze
Altre Pubblicazioni
- July 2021
Bankruptcy Ruling Highlights Growing Use Of Chapter 15, Law360
- June 10, 2023
Crypto Currency Conundrums – International Issues Impacting Crypto Currency Restructurings On June 10, 2023, Dan Moss moderated a panel at the 39th Annual Association of Insolvency & Restructuring Advisors’ Bankruptcy & Restructuring Conference in Newport Beach, California. The panel discussed, among other things, the international aspects of some of the novel and open questions and issues stemming from recent and ongoing crypto currency cases. The discussion touched upon jurisdictional, litigation, and valuation issues that are likely to arise in 2023 as the crypto winter (or thaw) continues. The panel addressed the implications of recent opinions in crypto currency chapter 11 or other court-supervised proceedings, including those in Singapore and Cayman Islands. The panel also discussed how interested parties ascribe value to crypto currency and related digital assets and how such issues factor into the feasibility of a chapter 11 plan of reorganization. Other panelists were Judge Wiles (U.S. Bankruptcy Court, S.D.N.Y) and Maja Zerjal-Fink (Partner, Arnold & Porter LLP). - 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
"He is good at developing pragmatic business solutions."Chambers USA
- Cornell University (J.D. cum laude 2007, with a concentration in Business Law & Regulation); The George Washington University (B.B.A. 2004)
- District of Columbia; Virginia; New York; Supreme Court of the United States; U.S. District Courts for the Eastern District of Michigan and Eastern and Western Districts of Virginia; U.S. Bankruptcy Court for the Eastern District of Virginia; and U.S. Court of Federal Claims
- Senior Advance Representative, U.S. Department of the Treasury (2007-2008); Senior Advance Representative (2004-2008) and Intern, Office of Appointments and Scheduling (2002-2004), the White House
Chambers USA, Bankruptcy/Restructuring — District of Columbia (2021)
Named a 2017 National Law Journal "D.C. Rising Star," which identifies top legal talent under the age of 40
Named to American Bankruptcy Institute's 2018 "40 Under 40" list
Selected by Washingtonian magazine as one of Washington, DC's Best Lawyers for Bankruptcy in 2018
- Law Clerk to Judge Lawrence S. Margolis, U.S. Court of Federal Claims, Washington, D.C. (2008)