daniel gielchinsky headshot
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 22 years of experience helping clients through commercial litigation matters. His background as a trial attorney in State, Federal, Bankruptcy and Appellate courts in Florida, New York, New Jersey, Delaware, and Texas affords him a unique vantage point.

Daniel has earned an excellent reputation for handling challenging shareholder and partnership disputes. His tenure on Wall Street and strong financial background allows him to successfully navigate the forensic accounting and valuation issues fundamental to these cases. Daniel is also well versed in real estate, foreclosure, construction, and employment litigation and arbitration.

In the insolvency arena, Daniel represents debtors, creditors, fiduciaries, committees, and other parties-in-interest in Chapter 7, 11, 13 bankruptcy cases, including those filed under the Small Business Reorganization Act. He is also well versed in assignments for benefit of creditors, receiverships, and out of court workouts. Daniel successfully represents financial institutions, investors, and landlords in cases involving Ponzi schemes, fraudulent investments, distressed hotels, large retail chains, and entertainment venues.

Daniel’s experience includes being a bankruptcy practice group leader and ‘Of Counsel’ at well-known law firms in the Northeast and South Florida, securing favorable outcomes for clients in high-stakes cases. With the leadership experience and accolades attained in his former roles, he owned and managed his own law practice for seven years before joining forces with Isaac Marcushamer to leverage their combined expertise and form DGIM Law.

Daniel is acknowledged as a leading attorney by SuperLawyers, in both Florida and New Jersey, and in several prominent legal publications, including Law360, Daily Business Review, and New Jersey Law Journal. Daniel’s expert analysis has been featured in numerous interviews with national and international news outlets, establishing him as one of the foremost thought leaders in the Bed, Bath, and Beyond bankruptcy case.

An outspoken advocate through his leadership role with Autism Speaks, Daniel uses his courtroom skills and political connections to promote solutions for the needs of individuals with autism and their families. Daniel’s attitude towards community service, embodied by his role as an elected official, a senior leader of his synagogue, and board member of several organizations, is to do “service for the sake of service” and to prioritize giving back to the community. He balances his work life by spending time with his boys, practicing mindfulness, and pursuing his passions for motorcycles and sports cars.

 


Practice Areas

  • Insolvency and Reorganization
  • Creditors Rights
  • Assignment for the Benefit of Creditors
  • Bankruptcy Matters and Business Restructuring
  • Bankruptcy Litigation
  • Fiduciary Representation
  • Fraudulent Transfers, Preference Claims and Clawback Actions
  • Insolvency Transactions
  • Workouts

 

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 22 years of experience helping clients through commercial litigation matters. His background as a trial attorney in State, Federal, Bankruptcy and Appellate courts in Florida, New York, New Jersey, Delaware, and Texas affords him a unique vantage point.

Daniel has earned an excellent reputation for handling challenging shareholder and partnership disputes. His tenure on Wall Street and strong financial background allows him to successfully navigate the forensic accounting and valuation issues fundamental to these cases. Daniel is also well versed in real estate, foreclosure, construction, and employment litigation and arbitration.

In the insolvency arena, Daniel represents debtors, creditors, fiduciaries, committees, and other parties-in-interest in Chapter 7, 11, 13 bankruptcy cases, including those filed under the Small Business Reorganization Act. He is also well versed in assignments for benefit of creditors, receiverships, and out of court workouts. Daniel successfully represents financial institutions, investors, and landlords in cases involving Ponzi schemes, fraudulent investments, distressed hotels, large retail chains, and entertainment venues.

Daniel’s experience includes being a bankruptcy practice group leader and ‘Of Counsel’ at well-known law firms in the Northeast and South Florida, securing favorable outcomes for clients in high-stakes cases. With the leadership experience and accolades attained in his former roles, he owned and managed his own law practice for seven years before joining forces with Isaac Marcushamer to leverage their combined expertise and form DGIM Law.

Daniel is acknowledged as a leading attorney by SuperLawyers, in both Florida and New Jersey, and in several prominent legal publications, including Law360, Daily Business Review, and New Jersey Law Journal. Daniel’s expert analysis has been featured in numerous interviews with national and international news outlets, establishing him as one of the foremost thought leaders in the Bed, Bath, and Beyond bankruptcy case.

An outspoken advocate through his leadership role with Autism Speaks, Daniel uses his courtroom skills and political connections to promote solutions for the needs of individuals with autism and their families. Daniel’s attitude towards community service, embodied by his role as an elected official, a senior leader of his synagogue, and board member of several organizations, is to do “service for the sake of service” and to prioritize giving back to the community. He balances his work life by spending time with his boys, practicing mindfulness, and pursuing his passions for motorcycles and sports cars.

 


Practice Areas

  • Insolvency and Reorganization
  • Creditors Rights
  • Assignment for the Benefit of Creditors
  • Bankruptcy Matters and Business Restructuring
  • Bankruptcy Litigation
  • Fiduciary Representation
  • Fraudulent Transfers, Preference Claims and Clawback Actions
  • Insolvency Transactions
  • Workouts

 

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

As Seen In

Returning to Court in a Post – COVID Era: The Pros and Cons of a Virtual Court System

March 15, 2024
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