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Daniel Ginsberg is a Special Counsel in Stroock’s Financial Restructuring Group.  Daniel focuses his practice on Chapter 11 proceedings, out-of-court restructuring transactions, special lending situations and multinational insolvency proceedings.  He has extensive experience representing secured and unsecured creditors, agent banks, DIP lenders and debtors in such situations.  Daniel also has significant experience with UCC Article 9 foreclosure proceedings, distressed M&A transactions and bank debt and claims trading matters.

Representative Matters

Some of Daniel's notable representations include:

  • Allied Nevada Gold Corp. (bondholders and DIP lenders)
  • American Oriental Bioengineering, Inc. (bondholders)
  • Archway (secured lender)
  • ATI Education, Inc. (steering committee of secured lenders)
  • Barzel Industries Inc. (secured lenders)Burkhalter Rigging, Inc. (secured lender)
  • China Medical Technologies, Inc. (bondholders)
  • Delta Education (secured lender)
  • Empire Generating Co. (ad hoc group of secured lenders)
  • Fleming Companies, Inc. (secured lenders)
  • Foresight Energy LLC (bondholders)
  • Garden Fresh (secured lender)
  • GC Services (ad hoc term lender group)
  • Innovairre (senior secured lender)
  • Lehman Brothers (various creditors)
  • LightSquared LP (secured lender)
  • Mid America Agri Products/Horizon, LLC (agent for secured lenders)
  • Motorsport Aftermarket Group (ad hoc group of secured lenders)
  • Oglebay Norton (agent for secured lenders)
  • RAIT Financial Trust (successful stalking horse purchaser)
  • Targus Group International, Inc. (secured lenders)
  • Transmar Commodity Group (agent for secured lenders)
  • Toys “R” Us (secured lender)
  • VIP Cinema (second lien lender)
  • YRC Worldwide, Inc. (agent for secured lenders)

Examples of Daniel ’s company representations include:

  • Environmental Systems Products Holdings, Inc., a leading emissions testing company, in the out-of-court restructuring of over $600 million of debt
  • Financial Guaranty Insurance Company in its restructuring efforts
  • International Wireless Communications Holdings, Inc. and certain of its affiliates in their Chapter 11 cases
  • United Pan-Europe Communications, N.V., a leading European cable and telecommunications company, in connection with its successful restructuring through dual Dutch and U.S. plenary insolvency proceedings

Daniel also assisted in the representation of Mirant Corporation and certain of its affiliates in their Chapter 11 proceedings. Other significant representations in which Daniel has been involved include the representation of:

  • Various aircraft finance parties in the Northwest Airlines Corporation and Delta Air Lines, Inc. Chapter 11 cases
  • Pre-petition lenders in the Trenwick Americas Corporation Chapter 11 case
  • The unsecured bank committee in the Reliance Financial Services Corporation Chapter 11 cases

Memberships

  • Member, American Bankruptcy Institute
  • Member, New York State Bar Association

Speeches & Events

  • Panelist, "The Great DISH Debate," National Conference of Bankruptcy Judges, Tampa, Florida, October 13, 2011

Publications

  • Co-author, “A Guide to the Bankruptcy Law of the United States,” Stroock & Stroock & Lavan LLP, 2010, updated 2016, updated 2018
  • "Restructuring Limitations Faced by Title IV Educational Institutions," American Bankruptcy Institute, October 2014
  • Co-author, "Cross-Border Insolvencies Under US Law: A Further Update," Butterworths Journal of International Banking and Financial Law, September, October and November 2012 (Three Installments)
  • Co-author, "U.S. Recognition of Non-U.S. Insolvency Proceedings: More Than a Rubber Stamp," Euromoney Global Insolvency & Restructuring Review 2008/09
  • Co-author, "Chapter 15 One Year Later: Determining COMI," Euromoney Global Insolvency & Restructuring Review 2007/08
  • Co-author, "Practical Advice for Cross-Border Practitioners: Paying Homage to the Prior Recognition Requirement," Euromoney Global Insolvency & Restructuring Yearbook 2006/07
  • Co-author, "Can Bankruptcy Code Limitations on Rejection Damages Be Circumvented by the Use of a Letter of Credit?" The Secured Lender, May/June 2006
  • Co-author, "Cross-Border Insolvencies Under United States Law: An Update," Butterworths Journal of International Banking and Financial Law, October, November and December 2005 (Three Installments)
  • Co-author, "The Influence of U.S. Bankruptcy Law in Multinational Restructurings," Euromoney Global Insolvency & Restructuring Yearbook 2005/06
  • Co-author, "Coordinated Multinational Reorganizations in the Absence of a Cross-Border Insolvency Protocol: United Pan-Europe Communications N.V., a Case Study," Euromoney Global Insolvency & Restructuring Yearbook 2004/05

Admitted To Practice

New York

U.S. District Court, Eastern District of New York; U.S. District Court, Southern District of New York; U.S. District Court, Northern District of New York; U.S. Court of Appeals, Second Circuit

Education

J.D., cum laude, University of Michigan Law School, 1996

B.A., summa cum laude, Washington University in St. Louis, 1993

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