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
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
- Energy Alloys, Inc.: Counsel to Energy Alloys a specialty metals provider to the global oilfield industry in connection with its chapter 11 case
- The NORDAM Group, Inc.: Co-counsel to The NORDAM Group, Inc., a leading family owned design, engineering, manufacturing and repair services company in the aerospace industry in connection with its chapter 11 reorganization
- Harry & David Holdings, Inc.: Co-counsel to Harry and David, a leading fruit, flower and gourmet specialty company in connection with its chapter 11 reorganization
- Oncure Holdings, Inc.: Co-counsel to Oncure a national network of cancer treatment centers in connection with its chapter 11 case
- TECT Aerospace Group Holdings, Inc.: counsel to TECT Aerospace a manufacturer of precision complex components in the aerospace industry in connection with its chapter 11 case
- HighPoint Resources Corp., 21-10565 (CSS) – Co-counsel to merger party in connection with chapter 11 case of HighPoint Resources a developer of oil and natural gas resources in its chapter 11 case
- Samuels Jewelers, Inc.: Co-counsel to Samuels Jewelers a jewelry retailer in connection with its chapter 11 case
- Boscov’s Inc. : Co-counsel to the Boscov’s a regional department store chain in connection with it chapter 11 case
- Fuddruckers Restaurants: Co-counsel to Fuddruckers, a regional restaurant chain in connection with its chapter 11 case
- Widener University School of Law, J.D., magna cum laude, 1989
- Pennsylvania State University, B.S., 1985
Education
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
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
Recognition
- 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