Dan T.Moss

Partner

Washington + 1.202.879.3794 New York + 1.212.326.3432

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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.

Experience


  • Joint Administrators of The Body Shop International Limited (in administration) sell business and assetsJones Day advised Geoffrey Rowley, Anthony Wright and Alastair Massey of FRP Advisory in their capacity as joint administrators of The Body Shop International Limited (in administration), an appointee of the shareholder, Aurelius Investment Advisory Limited, in connection with the trading administration and subsequent sale of the company's business and assets.
  • Spark Networks obtains chapter 15 recognition of first-ever cross-border restructuring under German StaRUGJones Day represented Spark Networks SE in the first-ever cross-border restructuring under the recently enacted German restructuring law ("StaRUG") and chapter 15 of the U.S. Bankruptcy Code involving over $100 million of funded debt issued by a U.S.-based credit fund and guaranteed by other German and U.S. entities.
  • Spark Networks obtains $110 million senior secured credit facility upon emergence from first-ever cross-border restructuring proceeding under German StaRUG, and recognized by U.S. chapter 15Jones Day represented Spark Networks SE (“Spark”), a Germany-based leading social dating platform, operating worldwide, together with Spark Networks, Inc. and Zoosk Inc., as co-borrowers, in connection with an amended $110 million secured credit facility provided by a U.S.-based private credit fund as part of Spark's emergence from a long-term forbearance and the first-ever cross-border restructuring proceeding under German StaRUG, where such proceeding was recognized under chapter 15 of the U.S. Bankruptcy Code.
  • Diebold Nixdorf obtains $1.25 billion senior secured exit credit facilityJones Day represented Diebold Nixdorf, Incorporated, a multinational financial and retail technology company that specializes in the sale, manufacture, installation, and service of self-service transaction systems (such as ATMs and currency processing systems), point-of-sale terminals, physical security products, and software and related services for global financial, retail, and commercial markets, in connection with a new $1.25 billion senior secured term loan facility as part of it’s emergence from chapter 11 bankruptcy and other domestic and foreign court-supervised restructuring proceedings.
  • Diebold Nixdorf successfully restructures over $2.7 billion in funded debt and completes the first-ever dual proceeding under the U.S. bankruptcy code and Dutch restructuring law in 71 daysIn the first-ever cross border restructuring involving dual main proceedings under chapter 11 of the U.S. Bankruptcy Code and a scheme of arrangement (the "Dutch Scheme") under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord ("WHOA")), and the first-ever chapter 15 recognition of Dutch Scheme proceedings and a sanctioned WHOA reorganization plan (the "WHOA Plan"), Jones Day represented Diebold Nixdorf, Incorporated ("Diebold") and certain of its U.S. and Canadian subsidiaries (the "Debtors") in connection with (i) the prepackaged chapter 11 cases of In re Diebold Holding Company, LLC, et al., (Case No. 23-90602-DRJ) commenced on June 1, 2023, in the United States Bankruptcy Court for the Southern District of Texas (the "Bankruptcy Court"); (ii) the Dutch Scheme, commenced on June 1, 2023 by Diebold Nixdorf Dutch Holding B.V. (the "Dutch Issuer") in the District Court of Amsterdam (the "Dutch Court"), and (iii) the chapter 15 proceedings before the Bankruptcy Court commenced by the foreign representative of the Dutch Issuer, wherein the Bankruptcy Court recognized the Dutch Scheme proceeding as a foreign main proceeding and recognized and extended comity to the WHOA Plan that was sanctioned by the Dutch Court.
  • Diebold Nixdorf obtains $1.25 billion senior secured superpriority DIP credit facilityJones Day is representing Diebold Nixdorf, Incorporated (the “Company”), a multinational financial and retail technology company that specializes in the sale, manufacture, installation, and service of self-service transaction systems (such as ATMs and currency processing systems), point-of-sale terminals, physical security products, and software and related services for global financial, retail, and commercial markets, and certain of its domestic and foreign subsidiaries (collectively, the “Debtors”) in (i) a pre-packaged chapter 11 proceeding in front of the U.S. Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”), (ii) a scheme of arrangement by Diebold Nixdorf Dutch Holding B.V. (the “Dutch Issuer”) and the related voluntary proceeding in front of the District Court of Amsterdam under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord), and (iii) an anticipated proceeding commenced by the Dutch Issuer under chapter 15 in the Bankruptcy Court, seeking recognition of such scheme of arrangement.
  • Marelli Group first-ever use of simplified rehabilitation proceedings in Japan to cram-down creditorsJones Day represented Marelli Holdings Co., Ltd. in the restructuring of its US$7 billion senior debt facilities, which included the coordination and implementation of a sponsor selection process, an out-of-court Turnaround ADR process, and the first-ever use of simplified rehabilitation proceedings in Japan to cram-down creditors, and the subsequent implementation and documentation of its restructured financing arrangements across sixteen different jurisdictions outside Japan.
  • Minsheng aircraft leasing entities defeat fraudulent transfer and preference claims with presumption against extraterritorialityJones Day represented Chinese and Irish aircraft leasing entities (the "Minsheng and Yuntian Entities") in the chapter 7 cases of Zetta Jet PTE, Ltd, a Singapore entity ("Zetta Singapore") and Zetta Jet USA, Inc. (collectively, the "Zetta Entities").
  • ZapGo sells business and assets in administration saleJones Day advised David Buchler of Buchler Phillips Ltd and Darren Edwards of Aspect Plus Limited in their capacity as joint administrators of ZapGo Ltd (in administration), in connection with the marketing and sale of the company's business and assets.
  • Members of Intelsat Jackson Crossover Group to own 96% of reorganized Intelsat equity following complex chapter 11 plan confirmation processJones Day represents the largest creditor constituency (the "Jackson Crossover Group") holding more than 47% ($7 billion) of the debtors' entire funded debt in the highly complex chapter 11 cases of In re Intelsat S.A., et al. (Case No. 20-32299-KLP), pending in the Eastern District of Virginia bankruptcy court (the "Bankruptcy Court").
  • OGE Energy acquires 146 MW combined cycle natural gas-fired power generation facilityJones Day advised Oklahoma Gas and Electric Company, a subsidiary of OGE Energy Corp., in the purchase of a 146 MW combined cycle natural gas-fired power generation facility from Oklahoma Cogeneration, LLC in Oklahoma City, and subsequently renamed it Frontier Power Plant.
  • OGE Energy acquires 360 MW coal-fired generation facilityJones Day advised Oklahoma Gas and Electric Company, a subsidiary of OGE Energy Corp., in the purchase of a 360 MW coal-fired generation facility and associated equipment from AES Shady Point, LLC, now known as River Valley Power Plant.
  • Zeavion Holding Pte. Ltd. contract assumed in Gymboree bankruptcyJones Day successfully represented Zeavion Holding Pte. Ltd., a significant trademark license holder, in connection with, among other things, the assumption and assignment of a significant trademark license and ancillary agreement from Gymboree to The Children's Place in connection with Gymboree's section 363 sale of substantially all of certain Gymboree assets to The Children's Place.
  • WMATA engages advisors for executive boardJones Day is serving as the strategic executive advisor to the Washington Metropolitan Area Transit Authority's General Manager/Chief Executive Officer and its Board of Directors in connection with its efforts to evaluate its finances, operations, and governance.
  • PAG invests in Key Safety Systems to finance acquisition of global assets of Takata CorporationJones Day represented PAG Asia Capital Ltd. and PAG Asia II LP in connection with its investment in Key Safety Systems, a subsidiary of China-based Ningbo Joyson Electronic Corporation, to finance the acquisition of substantially all of the global assets of Takata Corporation out of bankruptcy in the U.S. and Japan and certain non-bankruptcy transactions elsewhere in the world.
  • Jones Day successfully represented a WLCH client at an informal hearing held at the Office of Fair Hearings of DC Housing AuthorityThe client received a Recommendation for Termination of Participation from DCHA on or about August 21, 2017 and was recommended to be terminated from the Housing Choice Voucher Program.
  • Peabody Energy exits chapter 11 in less than a yearFacing unprecedented industry conditions in late 2015 and early 2016, Peabody Energy Corporation, the world's largest private-sector coal company, and 153 of its direct and indirect subsidiaries filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri on April 13, 2016.
  • Unincorporated association converts to nonprofit corporationJones Day advised a national membership organization that had operated for decades as an unincorporated association with respect to its conversion to a nonprofit corporation.
  • Peabody Energy closes $800 million DIP financing packageJones Day represented Peabody Energy Corporation, a large private-sector coal company, in connection with their $800 million debtor-in-possession superpriority secured financing arrangement.
  • Peabody Energy successful in defense of Patriot Coal's claimJones Day represented Peabody Energy Corporation ("PEC") when Patriot Coal revisited bankruptcy on May 12, 2015, having filed for chapter 11 protection in the Eastern District of Virginia with $2 billion in assets against $2.4 billion in debt (collectively, "Patriot 2").
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    November 2024 Commentary

    Take Your Seats: Cineworld Draws an Audience in UK High Court

    September 2024 Newsletters

    Business Restructuring Review Vo. 23 No. 5 | September–October 2024

    September 2024 Newsletters

    Ownership Dispute Regarding Foreign Debtor's U.S. Assets Must Be Resolved Before a U.S. Bankruptcy Court Can Approve Sale Under Section 363 in Chapter 15 Case

    September 2024 Newsletters

    First Impressions: Singapore International Commercial Court Approves Cross-Border Prepackaged Scheme of Arrangement for Unregistered Foreign Company

    August 2024 White Paper

    Chapter 15 Recognition Is No Rubber Stamp: Recent Trends Regarding Foreign Main and Nonmain Recognition

    July 2024 Newsletters

    Business Restructuring Review Vol. 23 No. 4 | July–August 2024

    July 2024 Reprint

    Cross-Border Restructurings and the New Jurisdictional Chessboard (Reorg Research)

    July 2024 Newsletters

    Circuit Split: Eleventh Circuit and Second Circuit Disagree on Eligibility Requirements for Chapter 15 Debtors

    July 2024 Newsletters

    U.S. Supreme Court Bankruptcy Update

    May 2024 Newsletters

    Business Restructuring Review Vol. 23 No. 3 | May-June 2024
    View All

    Additional Publications

    • July 2021
      Bankruptcy Ruling Highlights Growing Use Of Chapter 15, Law360

    Additional Speaking Engagements

    • 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

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