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Overview

Daniel concentrates his practice on commercial bankruptcy (debtors and creditors), creditors' rights and commercial litigation.

He has more than 20 years of experience representing plaintiffs and defendants in business transactions and complex commercial litigation, as well as representing secured and unsecured creditors in banking litigation, bankruptcy, foreclosures, liquidations, construction lien law, construction arbitration, Article 9 secured transactions, Wisconsin Chapter 128 receivership proceedings, and workouts and out of court restructurings.

Daniel has also successfully litigated a number of cases involving fraud, embezzlement, fraudulent transfers and theft-by-contractor. Many of these cases ultimately led to bankruptcy filings. The discharge of many of those debts were successfully objected to.


Industry

Services

Education

  • J.D., William Mitchell College of Law
    • cum laude
      • Law Review, Associate Editor
  • B.A., Saint Johns University
    • Political Science

Admissions

  • U.S. District Court, Eastern District of Wisconsin
  • Wisconsin
  • Minnesota
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, District of Minnesota
  • U.S. District Court, Northern District of Illinois
  • U.S. Bankruptcy Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit

Professional Associations and Memberships

  • Wisconsin State Bar Association
  • Minnesota State Bar Association
  • Dane County Bar Association
  • Hennepin County Bar Association
  • Western District of Wisconsin Bankruptcy Bar Association, past Chair
  • American Bankruptcy Institute
  • Turnaround Management Association
Experience

Creditors' Rights

  • Represented 24 credit unions with claims totaling more than $75 million after the collapse and institution of receivership proceedings against Central States Mortgage Co.
  • Defending banks, credit unions, institutional lenders and financing corporations in claims and in pursuit of creditors’ remedies, including litigation in state, federal and bankruptcy court; motions for replevin; temporary restraining orders; receiverships; construction and mechanics' liens; and discovery and recovery of nonexempt assets.
  • Handling appellate work in state and federal court related to creditor's rights, collection, foreclosures and related issues.
  • Counseling debtors and creditors on pre-bankruptcy workouts, including preparing and revising security, inter-creditor and subordination agreements, factoring and letter agreements, and forbearance and other types of settlement agreements.
  • Prosecuting and defending against mechanic's and materialmen's liens.

Bankruptcy

  • Served on team for debtor's counsel for foundry operation consisting of eight foundries in six states. Helped facilitate the sale of substantially all of the debtor's assets, permitting the company to continue to operate and retain most of its employees.
  • Advised a custom thermoforming company employing more than 200 people on how to avoid possible foreclosure and facilitate a successful Article 9 sale to a new owner. A shutdown of the factory was averted and most of the employees were retained.
  • Acted as bankruptcy counsel for major Midwestern companies in connection with the defense of multimillion-dollar preference actions commenced in major bankruptcy cases venued in other jurisdictions, including Delaware and New York.
  • Representing secured lenders in default, workout and foreclosure and liquidation proceedings, including preference and avoidance actions.
  • Representing Chapter 7 trustees in motions to sell assets free and clear, adversary proceedings to recover preferences and fraudulent transfers, claims objections and all manner of contested hearings in bankruptcy court.

Commercial Litigation

  • Obtained non-dischargeable judgment against defendant in $4 million theft-by-contractor case, leading to successful criminal prosecution.
  • Obtained non-dischargeable judgments against defendant in $6 million conversion/embezzlement case leading to successful criminal prosecution.