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Josiah M. Daniel, III

Josiah M. Daniel, III Of Counsel, Restructuring & Reorganization

Josiah’s practice includes the representation of debtors, creditors, and other parties in restructuring cases under chapter 11, and all other aspects of bankruptcy and insolvency. Specific experience over 39 years of practice includes chapter 11 debtor representation; chapter 11 plan negotiation and confirmation; restructuring agreements; loan and lease workouts; Section 363 asset purchases and sales; fraudulent transfer and preference claims; resolution of disputed claims of all types, including mass tort claims; post petition financing arrangements; leases and executory contracts; pre-bankruptcy planning; and bankruptcy settlements.

Experience Highlights

  • (Bankr. D.S.C.) A 200-store retail grocery chain as debtor in chapter 11; confirmed plan of reorganization; disputed claims litigation
  • (Bankr. D.S.C.) A secured equipment lender in the chapter 11 case of an oil and gas drilling company; formulated and confirmed creditors’ plan of liquidation
  • A municipal hospital district as debtor in a chapter 9 municipal bankruptcy; confirmed plan of adjustment (540 B.R. 229)
  • (Bankr. D. Del.) An equity holder and estate-claims defendant in the chapter 11 liquidation of a home loan originator and servicer
  • Advice about structuring oil and gas industry transactions


  • Secured lenders in restaurant companies' and retailers' chapter 11 cases

Mortgage Lending

  • A noteholder group in a mortgage company chapter 11; confirmed creditors’ plan of liquidation

Oil & Gas; Mining

  • A DIP lender in a mining company chapter 11 case

Mass Tort

  • A parent company and affiliates in mass tort chapter 11 case (consumer lending claims); settlements and plan approved and affirmed on appeal

Real Estate

  • Chair of Unsecured Creditors Committee in Hawaiian/Japanese hotel chapter 11
  • A debtor in a golf course chapter 11 case


  • ILEC in chapter 11 cases of CLECs
  • Secured lenders in broadcasting restructurings and Chapter 11 cases

Bankruptcy Asset Acquisition & Sale Matters

  • Loan portfolios from chapter 15 foreign representatives
  • A purchaser of an office building from a bankruptcy trustee
  • Secured creditors in foreclosures
  • A U.S. wireless broadband services provider, in a chapter 11 bankruptcy liquidation

Fraudulent Transfer & Other Bankruptcy-Related Litigation

  • Defense of receiver’s suit for fraudulent transfer; settled 
  • Defense of plan trustee’s fraudulent transfer and preferential transfer litigation
  • Defense of bankruptcy trustee’s preferential transfer actions and fraudulent transfer actions 

Miscellaneous Claims

  • A former director in obtaining allowance in chapter 11 case of indemnification claim

Contact Details


T +
F +1.214.999.7718
Trammell Crow Center
2001 Ross Avenue
Suite 3700
Dallas, TX 75201-2975
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Josiah's Practices

  • The University of Texas School of Law, J.D., 1978 (Member, Texas Law Review)
  • The University of Texas, M.A., 1986
  • University of the South, Sewanee, Tennessee, B.A., 1973 (Phi Beta Kappa)
  • Board Certified in business bankruptcy law by the Texas Board of Legal Specialization since 1988
  • Admitted to practice: Texas; United States Supreme Court; U.S. Courts of Appeal for the Fourth, Fifth, Seventh, and Tenth Circuits; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
    • D Magazine, “The Best Lawyers in Dallas,” Bankruptcy & Workout, 2017
    • Chambers USA, Bankruptcy/Restructuring Law (Texas), 2006–2017
    • Legal 500 U.S., Bankruptcy: Southwest, 2009; Corporate Restructuring: Including Bankruptcy, 2015
    • The Best Lawyers in America© (Woodward/White, Inc.), Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2005−2018; Litigation–Bankruptcy, 2011−2018
    • The Best Lawyers in America© (Woodward/White, Inc.), "Lawyer of the Year" in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Dallas/Ft.Worth), 2016 and 2018
    • Who’s Who Legal: Texas (Law Business Research Ltd.), Insolvency & Restructuring Law, 2007−2008
    • Legal Media Group’s (Euromoney’s) Guide to the World’s Leading Insolvency & Restructuring Lawyers, 2009−2010 and 2012
    • Fellow: American College of Bankruptcy
    • Member: Business Law Section, Business Bankruptcy Committee and subcommittees, American Bar Association; Bankruptcy Law Section, State Bar of Texas; Texas Association of Bank Counsel
    • Member: American Law Institute