Daniel J. DeFranceschi

Director

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Overview

“Incredibly insightful, very thorough, and well respected by the judges” (Chambers USA), Daniel DeFranceschi represents corporate debtors and creditors in all aspects of chapter 11 cases.

Backed by his “practical and reasoned” approach and “strategic thinking” (Chambers USA), Dan has served as counsel to numerous chapter 11 debtors and has represented creditors, equity participants, and purchasers in some of the largest chapter 11 and chapter 7 cases in the country.

His experience encompasses many business segments, including retail, energy, manufacturing, automotive, casino, entertainment, amusement parks, real estate development, subprime mortgage lending, telecommunications, high tech, natural resources, food products, flexible office solutions, airlines, and healthcare, among others.

In addition to his core chapter 11 practice, Dan has spent considerable time working on bankruptcy policy and legislative initiatives.

PRACTICES

Bankruptcy & Corporate Restructuring

Clerkships

Hon. Joseph J. Longobardi, U.S. District Court, District of Delaware, 1989-1990
Hon. Randy J. Holland, Delaware Supreme Court, 1987-1988, 1988- 1989 (Wolcott Fellowship)

Select Experience

RentPath Holdings, Inc.: Co-counsel to RentPath Holdings and certain of its subsidiaries, which operate a digital marketing solutions company including residential apartment and home rental websites, in cases involving the going-concern sale of the company through a chapter 11 plan
Perkins & Marie Callender’s, LLC: Co-counsel to Perkins & Marie Callender’s and certain of its subsidiaries, which owned, operated, or franchised over 400 Perkins Restaurant and Bakery and Marie Callender’s restaurants across North America, in their chapter 11 cases and sales of substantially all of the company’s assets
FTD Companies, Inc.: Co-counsel to FTD Companies and its wholly owned subsidiaries, which operated the floral and gifting delivery company recognizable by its iconic Mercury Man logo displayed in over 30,000 floral shops in more than 125 countries, in their chapter 11 cases and sales of substantially all of the company’s assets
Cloud Peak Energy Inc.: Co-counsel to Cloud Peak Energy and its affiliated debtors, comprising one of the largest coal producers in the U.S. and the only pure-play Powder River Basin coal company
ExGen Texas Power, LLC: Lead debtors’ counsel to ExGen Texas Power and its wholly owned subsidiaries, which owned five gas-fired power plants in Texas, in cases involving sale of a power plant and debt for equity chapter 11 plan
Claire’s Stores, Inc.: Co-counsel to Claire’s Stores and certain of its subsidiaries, comprising one of the nation’s largest retailers with more than 4,000 locations globally, which have more than $2 billion in funded debt obligations
Southeastern Grocers, LLC: Co-counsel to debtors, one of the largest conventional supermarkets in the United States operating stores (including Winn-Dixie and Bi-Lo Stores) in key metropolitan areas throughout the southeast
Energy Future Holdings Corp.: Represents affiliated debtors, which include the largest generator, distributor, and certified retail provider of electricity in Texas in the largest operating chapter 11 cases ever filed in the District of Delaware and the seventh largest in history, with over $49 billion in liabilities and $36 billion in assets
Longview Power: Represents owner and operator of a 700 net megawatt supercritical coal-fired power generation facility in West Virginia and one of the largest independent coal companies in North Appalachia, which, together with their debtor affiliates, have approximately $1 billion in funded debts
Blitz U.S.A.: Representing the debtor, which was the market-leading manufacturer of portable consumer gasoline containers, in its chapter 11 case
ResMae Mortgage: Represented the debtor, a large subprime mortgage lender, in its chapter 11 case
Nextel International: Represented the debtor, a large international telecommunications service provider, in its chapter 11 case
USG Corporation: Represented the debtors, leading building-products manufacturers and suppliers, in their chapter 11 cases
Six Flags: Represented the debtors, significant operators of amusement parks, in their chapter 11 cases
PHP Healthcare: Represented the debtor, a large managed healthcare provider, in its chapter 11 case
Crown Village Farm: Represented the debtor, a single-asset real estate debtor, in its chapter 11 case
Hoop Holdings: Represented the debtor, which previously operated the Disney Stores, in its chapter 11 case
Special Devices: Represented the debtor, a leading manufacturer of component parts used in the automobile, aerospace and defense, and mining and blasting industries, in its chapter 11 case
Mervyn’s: Represented the debtor, a major department store chain in the Southwest, in its chapter 11 case
Dura Automotive: Represented the debtors, leading manufacturers and suppliers of automotive parts, in their chapter 11 cases

Education

Widener University School of Law, J.D., magna cum laude, 1989
Pennsylvania State University, B.S., 1985

Publications

In re 15375 Memorial Corp.: One More Look

ABI Journal | April 2011

This article is in response to a recent Straight & Narrow article and looks more closely at the decision handed down in that case.

Does Rule 2019 Apply to Ad Hoc or Informal Committees?

The Bankruptcy Strategist | April 2010

The debate over whether ad hoc or informal committees or groups of creditors or interest holders (“ad hoc committees”) must comply with Bankruptcy Rule 2019 recently intensified due to a split among several Bankruptcy Court decisions.

DE Bankruptcy Court Enforces X-Clause

The Bankruptcy Strategist | April 2008

The Dura case should provide necessary caution to those parties who trade in distressed debt. The terms of these types of instruments must be closely scrutinized before making an investment, as the provisions of these agreements require considerable analysis. If an investor, upon fully considering the ramifications of subordination and the narrow scope of an…

A Measured Response to Critics of Delaware Venue

American Bankruptcy Institute Journal | April 2007

Some have argued recently that Delawareis no longer the “knee jerk” forum of choice for bankruptcy filings. The argument is that recent Third Circuit rulingson substantive consolidation, the absolute priority rule and “deepening insolvency” make the Southern District of New York the better venue choice over Delaware. As discussed below, these criticisms fail to carefully analyze…

Subject Matter Jurisdiction Over Pre-Petition State Law Claims

The Bankruptcy Strategist | January 2006

Delaware Bankruptcy Court Announces Bright-line Rule for Use of Lock-up Agreements in Chapter 11 Cases

ABI Journal | February 2003

The U.S. Bankruptcy Court for the District of Delaware has issued bench rulings in two recent cases, In re NII Holdings Inc. and In re Stations Holdings, which together establish a bright-line rule for the use of lock-up agreements in connection with voting on a chapter 11 plan.

Written Consents – A Powerful Tool in Hostile Battles for Corporate Control

Delaware Journal of Corporate Law | 1989

This note will discuss several important aspects of the Delaware written consent mechanism.

Leadership

Bencher, Delaware Bankruptcy Inn of Court
Delaware State Bar Association, Bankruptcy Section, Past Chair

Pro Bono Activities

Child Attorney, Delaware’s Office of the Child Advocate

Awards

Chambers USA
The Best Lawyers in America
Super Lawyers
Who’s Who Legal

Bar Admissions

Delaware, 1989
United States District Court, District of Delaware, 1990
United States Court of Appeals, Third Circuit, 1991

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