Daniel Gwen is counsel in Ropes & Gray’s business restructuring group. Mr. Gwen has extensive experience representing major companies and stakeholders in all aspects of complex corporate restructurings, including chapter 11 cases, out-of-court restructurings, and special situations. Mr. Gwen has been involved in some of the most complex chapter 11 filings in recent history, and has a broad range of experience across a number of industries.
- Vesta Holdings, LLC and certain of its subsidiaries in their chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Vesta was an insurance brokerage service provider for individual and corporate clients across the United States, primarily concentrating on property and casualty insurance offerings. During its chapter 11 cases, Vesta effectuated an all asset sale of its business and confirmed its plan of liquidation, which was supported by 100% of secured lenders and general unsecured creditors who voted on the plan.
- Rodan & Fields in the development, negotiation, and consummation of a cutting-edge uptier debt exchange that ultimately resulted in near-unanimous lender participation and reduced the company’s debt burden by over $100 million, raised $30 million of new money capital, and extended the maturity of its existing loans by two years.
- Independent Director of Basic Energy Services, Inc. in connection with that director’s investigation and analysis of estate causes of action as part of Basic’s chapter 11 cases, which involved more than $400 million of funded debt.
- An ad hoc group of first lien debt holders in the chapter 11 cases of My Alarm Company as DIP lenders, stalking horse bidder, and exit lenders.
- Equity sponsor of a leading independent entertainment company in connection with a consensual out of court recapitalization of the company.
- J.Crew Group, Inc., one of the nation’s premier clothing retailers, with approximately $2 billion in funded debt and 13,000 employees, in their pre-arranged chapter 11 cases.*
- Maines Paper & Foodservice Inc., one of the leading foodservice and broadline distributors in the United States with over $1 billion in annual revenues, in the sale of substantially all its assets to an affiliate of Lineage Logistics.*
- A major creditor of EuropaCorp S.A. in conjunction with its restructuring of over $300 million of obligations.*
- The NORDAM Group, Inc., a leading aerospace manufacturing and repair company, in the first-ever “postpackaged” chapter 11 cases.*
- J.Crew Group, Inc. in its 2017 out-of-court restructuring efforts involving approximately $2 billion in funded debt. This restructuring resulted in approximately 80% of the common stock to be maintained by the existing equity sponsors while deleveraging the company through an out-of-court exchange for over $500 million of holding company debt.*
- Thomas H. Lee Partners and Bain Capital, as debt holders and financial sponsors of iHeart Media, in connection with the chapter 11 case of iHeart.*
- Fieldwood Energy, a Gulf of Mexico offshore energy exploration and production company, in connection with its chapter 11 cases through which Fieldwood purchased Gulf of Mexico assets of Noble Energy.*
- Memorial Production Partners, an oil and gas master limited partnership, in connection with its prearranged chapter 11 cases to restructure approximately $1.8 billion in debt.*
- Breitburn Energy Partners, L.P. in restructuring efforts related to more than $3 billion in funded debt obligations.*
*Experience prior to joining Ropes & Gray
- Co-author, “Start Your Auctions: Stalking Horse Bidding and Other Considerations for Driving Value in the Chapter 11 Sale Process,” chapter in Navigating Today's Environment: The Directors' and Officers' Guide to Restructuring (2023)
- Quoted, “Legal Advisors Wade into Crypto Contagion,” Financial Times (December 6, 2022)
- Quoted, “As BlockFi Files for Bankruptcy, What to Know About Crypto Investor Protections,” CNBC.com (November 28, 2022)
- Quoted, “Why Protections for Crypto Investors are Linked to Orange Groves,” CNBC.com (November 21, 2022)
- Quoted, “What to Expect as FTX Heads to Bankruptcy Court,” Axios (November 14, 2022)
- Profiled, “Legal Expert on Bankrupt FTX Corporate Failings,” CoinDesk-TV First Mover (November 18, 2022)
- Interviewed, Reddit Talk (July 25, 2022)
- Profiled, “Purpose of Celsius Bankruptcy Proceedings is to Stabilize the Company,” CoinDesk-TV First Mover (July 22, 2022)
- Profiled, “Crypto Lender Celsius Files 2 New Lawsuits in Attempt to Recover Funds” CoinDesk Video and Yahoo Finance (August 24, 2022)
- Profiled, ‘Not Unusual’ for Voyager to Pay Employees Retention Bonuses, Restructuring Expert Says” CoinDesk Video and Yahoo Finance (August 24, 2022)
- Quoted, “Sky-High Yields and Bright Red Flags: How Alex Mashinsky Went From Bashing Banks to Bankrupting Celsius,” Yahoo! Finance (July 27, 2022)
- Quoted, “Celsius Lays Out Mining-Focused Reorganization Plan at First Bankruptcy Hearing,” CoinDesk and Yahoo! Finance (July 18, 2022)
- Quoted, “Celsius Bankruptcy Filings Hint Retail Customers Will Bear Brunt of its Failure,” CoinDesk and Yahoo Finance (July 18, 2022)
- Quoted, “Analysis: Clients of Crypto Lender Celsius Face Long Wait Over Fate of Their Funds,” Reuters (July 18, 2022)
- Quoted, “Crypto Firm Voyager Seeks to Honor Customer Withdrawals From Custodian Bank,” The Wall Street Journal (July 15, 2022)
- Quoted, “Celsius Paydowns Take Crypto Lender Into ‘Uncharted Territory,” Bloomberg Law (July 13, 2022)
- Co-author, “Bitcoins in Bankruptcy: Trouble Ahead for Investors and Bankruptcy Professionals?” Pratt’s Journal of Bankruptcy Law, Vol. 10, No. 2 (February/March 2014)
- Presenter, Reddit Talk podcast on cryptocurrency lender Celsius Network collapse and Chapter 11 bankruptcy filing (July 25, 2022)
- JD, Cornell Law School, 2013
- BA (Government), magna cum laude, University of Texas at Austin, 2010
Admissions / Qualifications
- New York, 2014
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York