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Josiah M. Daniel, III

Experience     |     Education     |     Recognition     |     Activities      |     Publications

Daniel, Josiah M.

Josiah’s practice includes representation of debtors, lenders, asset purchasers, noteholders’ committees, trustees, and unsecured creditors in corporate and commercial restructurings and in cases under Chapter 11 and all other aspects of bankruptcy and insolvency. Specific experience over more than 35 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; postpetition financing arrangements; real estate leases, equipment leases, and executory contracts; pre-bankruptcy planning; and bankruptcy settlements. 

Representative Experience
  • Representation of 200-store retail grocery chain as debtor in Chapter 11; confirmed plan of reorganization; disputed claims litigation
  • Representation of secured lenders in restaurant companies' and retailers' Chapter 11 cases
Mortgage Lending
  • Representation of equity holder and estate-claims defendant in Chapter 11 liquidation of home loan originator and servicer 
  • Representation of noteholder group in mortgage company Chapter 11; confirmed creditors’ plan of liquidation
Oil and Gas; Mining
  • Representation of secured equipment lender in Chapter 11 case of oil and gas drilling company; formulated and confirmed creditors’ plan of liquidation 
  • Representation of DIP lender in mining company Chapter 11 case
Chapter 9 - Municipal Debt Adjustment
  • Represent hospital district as debtor in Chapter 9 case 
Mass Tort
  • Representation of parent and affiliates in mass tort Chapter 11 case (consumer lending claims); settlements and plan approved and affirmed on appeal 
Real Estate
  • Representation of chair of Unsecured Creditors Committee in Hawaiian/Japanese hotel Chapter 11 
Telecommunications; Broadcasting
  • Representation of ILEC in Chapter 11 cases of CLECs
  • Representation of secured lenders in broadcasting restructurings and Chapter 11 cases
Section 363 Purchases and Sales
  • Representation of buyers and sellers in Section 363 asset sales in real estate, high tech, manufacturing, distribution, and service sectors 
Fraudulent Transfer and Other Avoidance Litigation
  • Defense of receiver’s suit for fraudulent transfer; settled 
  • Defense of plan trustee's and bankruptcy trustee's fraudulent transfer and preferential transfer litigation
Miscellaneous Claims
  • Representation of former director in obtaining allowance in bankruptcy court of indemnification claim 
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • 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)
  • Partner, Vinson & Elkins LLP, May 1999
  • Admitted to practice: Texas, 1978; 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
Professional Recognition
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  • Legal 500 U.S., Bankruptcy: Southwest, 2009
  • The Best Lawyers in America®, Bankruptcy and Creditor Debtor Rights Law, 2005 - 2015; Litigation - Bankruptcy, 2011 - 2015
  • Chambers USA, Bankruptcy/Restructuring Law, 2006 - 2014
Activities and Affiliations
  • Chair, Planning Committee: University of Texas 33rd Annual Bankruptcy Conference
  • 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
Publications and Presentations
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  • "Lawyering on Behalf of the Nondebtor Party In Anticipation, and During the Course of an Executory Contract Counterparty's Chapter 11 Bankruptcy Case," 14 Houston Business & Tax Law Journal 230, 2014 (Author)
  • "Serving Up Chapter 9 Lone Star Style...with a Dash of Detroit," 32nd Annual Jay L. Westbrook Bankruptcy Conference, The University of Texas School of Law, Austin, Texas, November 2013 (Co-author)
  • "Trends and Recent Developments in Bankruptcy and Insolvency Law, and Strategies of Interest to Corporate Counsel and Business Attorneys," State Bar of Texas Annual Meeting, June 2013

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Josiah M. Daniel, III
Trammell Crow Center
2001 Ross Avenue
Suite 3700
Dallas, TX 75201-2975

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Mass Torts

Restructuring and Reorganization