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Daniel Y. Gielchinsky
Partner

Contact Details

“I am not the lawyer who tells a client that they cannot attain a certain result. I am the lawyer who figures out how to obtain the result the client wants to achieve.”

Daniel is a seasoned trial attorney with over 25 years of experience in commercial litigation and insolvency matters. His extensive work in state, federal, bankruptcy and appellate courts in Florida, New York, New Jersey, Delaware, and Texas affords him a unique advantage. With a background on Wall Street and deep financial acumen, Daniel is widely recognized for his success in complex shareholder and business disputes. He also represents clients in real estate, construction, employment, foreclosure, and arbitration matters, and has been qualified as an expert in attorney’s fees hearings.

In the insolvency arena, Daniel advises debtors, creditors, fiduciaries, and other stakeholders in Chapter 7, 11, and 13 bankruptcy cases, as well as in assignments for the benefit of creditors, receiverships, and restructurings. He frequently represents financial institutions, investors, and landlords involved in matters related to Ponzi schemes, fraudulent investments, distressed hospitality assets, national retailers, and entertainment properties.

Daniel has been recognized by SuperLawyers and featured in prominent national outlets including Law360, Bloomberg, Forbes, Reuters, Fortune, and The Wall Street Journal. Outside of work, he enjoys spending time with his two sons, boxing, and pursuing his passion for motorcycles and sports cars.

 


Practice Areas

  • Commercial and Real Estate Litigation
  • Partnership and Business Disputes
  • Insolvency and Reorganization
  • Bankruptcy Matters and Business Restructuring
  • Bankruptcy Litigation, including Fraudulent Transfers, Preference Claims and Clawback Actions
  • Fiduciary Representation
  • Governmental Lobbying
  • Attorney’s Fees Expert
  • Beis Din / Jewish Arbitral Proceedings

 

Notable Matters + History

  • Obtained zoning and site plan approvals for the Generation Wilton Manors project, a new upscale community comprised of 190 residences, 8,000 square feet of commercial and retail space, various amenities, recreational areas, and parks.
  • Obtained a directed verdict in favor of a group of investors during a federal jury trial involving claims of fraud and conversion in connection with the purchase of the Seabonay Beach Resort.
  • In VOS CRE I, LLC, successfully confirmed sub-Chapter 5 Chapter 11 plan for real estate holding company over creditor objection allowing for 100% ownership control and retention of assets of the company upon emerging firm bankruptcy protection.
  • Secured a favorable opinion from the Delaware Bankruptcy Court that jewelry given on consignment to a large retail chain could not be sold at an auction sale without the consent of the consignors.
  • Served as lead counsel in multiparty condominium association case that resolved over 12 years of contentious litigation.
  • Successfully represented landlords in retail, hospitality and entertainment bankruptcy cases in Florida, Texas, New Jersey, and New York.
  • Represented lenders in the Shore Club hotel foreclosure and Sagamore hotel bankruptcy.
  • Counsel to investment funds in Rothstein Ponzi Scheme.
  • Lead counsel in retrial of high-profile partnership dispute after the case was remanded by the Supreme Court of New Jersey.
  • Represented the ex-wife of a former energy trader who embezzled $43 million from Merrill Lynch.
  • Represented the backup bidder in connection with a $47.2 million offer to purchase the Fountains of Boynton Shopping Center.
  • Obtained summary judgment in favor of Mercedes-Benz USA, LLC in claim brought by a former salesman under the Employee Retirement Income Security Act.

 

Education

  • Yeshiva University, Bachelor’s degree in Finance
  • Benjamin N. Cardozo School of Law, Juris Doctorate

 

Admissions

  • Florida
  • New York
  • New Jersey
  • U.S. District Court, Southern & Middle District of Florida
  • U.S. District Court, Southern & Eastern District of New York
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, Second, Third & Eleventh Circuit
  • U.S. Supreme Court

 

Associations

  • Town of Surfside, Commissioner (2016-2018) & Vice Mayor (2018-2020)
  • The Shul of Bal Harbour, Chair of the Legal Committee, Member of the Executive Committee and Board of Directors (2012-2022)
  • Bankruptcy Bar Association of the Southern District of Florida, Member
  • Autism Speaks, Volunteer Advocacy Ambassador (2020-2021)
  • Greater Miami Jewish Federation, Former Executive Board Member

Daniel is a seasoned trial attorney with over 25 years of experience in commercial litigation and insolvency matters. His extensive work in state, federal, bankruptcy and appellate courts in Florida, New York, New Jersey, Delaware, and Texas affords him a unique advantage. With a background on Wall Street and deep financial acumen, Daniel is widely recognized for his success in complex shareholder and business disputes. He also represents clients in real estate, construction, employment, foreclosure, and arbitration matters, and has been qualified as an expert in attorney’s fees hearings.

In the insolvency arena, Daniel advises debtors, creditors, fiduciaries, and other stakeholders in Chapter 7, 11, and 13 bankruptcy cases, as well as in assignments for the benefit of creditors, receiverships, and restructurings. He frequently represents financial institutions, investors, and landlords involved in matters related to Ponzi schemes, fraudulent investments, distressed hospitality assets, national retailers, and entertainment properties.

Daniel has been recognized by SuperLawyers and featured in prominent national outlets including Law360, Bloomberg, Forbes, Reuters, Fortune, and The Wall Street Journal. Outside of work, he enjoys spending time with his two sons, boxing, and pursuing his passion for motorcycles and sports cars.

 


Practice Areas

  • Commercial and Real Estate Litigation
  • Partnership and Business Disputes
  • Insolvency and Reorganization
  • Bankruptcy Matters and Business Restructuring
  • Bankruptcy Litigation, including Fraudulent Transfers, Preference Claims and Clawback Actions
  • Fiduciary Representation
  • Governmental Lobbying
  • Attorney’s Fees Expert
  • Beis Din / Jewish Arbitral Proceedings

 

Notable Matters + History

  • Obtained zoning and site plan approvals for the Generation Wilton Manors project, a new upscale community comprised of 190 residences, 8,000 square feet of commercial and retail space, various amenities, recreational areas, and parks.
  • Obtained a directed verdict in favor of a group of investors during a federal jury trial involving claims of fraud and conversion in connection with the purchase of the Seabonay Beach Resort.
  • In VOS CRE I, LLC, successfully confirmed sub-Chapter 5 Chapter 11 plan for real estate holding company over creditor objection allowing for 100% ownership control and retention of assets of the company upon emerging firm bankruptcy protection.
  • Secured a favorable opinion from the Delaware Bankruptcy Court that jewelry given on consignment to a large retail chain could not be sold at an auction sale without the consent of the consignors.
  • Served as lead counsel in multiparty condominium association case that resolved over 12 years of contentious litigation.
  • Successfully represented landlords in retail, hospitality and entertainment bankruptcy cases in Florida, Texas, New Jersey, and New York.
  • Represented lenders in the Shore Club hotel foreclosure and Sagamore hotel bankruptcy.
  • Counsel to investment funds in Rothstein Ponzi Scheme.
  • Lead counsel in retrial of high-profile partnership dispute after the case was remanded by the Supreme Court of New Jersey.
  • Represented the ex-wife of a former energy trader who embezzled $43 million from Merrill Lynch.
  • Represented the backup bidder in connection with a $47.2 million offer to purchase the Fountains of Boynton Shopping Center.
  • Obtained summary judgment in favor of Mercedes-Benz USA, LLC in claim brought by a former salesman under the Employee Retirement Income Security Act.

 

Education

  • Yeshiva University, Bachelor’s degree in Finance
  • Benjamin N. Cardozo School of Law, Juris Doctorate

 

Admissions

  • Florida
  • New York
  • New Jersey
  • U.S. District Court, Southern & Middle District of Florida
  • U.S. District Court, Southern & Eastern District of New York
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, Second, Third & Eleventh Circuit
  • U.S. Supreme Court

 

Associations

  • Town of Surfside, Commissioner (2016-2018) & Vice Mayor (2018-2020)
  • The Shul of Bal Harbour, Chair of the Legal Committee, Member of the Executive Committee and Board of Directors (2012-2022)
  • Bankruptcy Bar Association of the Southern District of Florida, Member
  • Autism Speaks, Volunteer Advocacy Ambassador (2020-2021)
  • Greater Miami Jewish Federation, Former Executive Board Member

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