Daniel S. Shamah

Daniel Shamah is a premier restructuring lawyer lauded by peers and clients for his expertise in complex restructuring and insolvency matters. Daniel’s skillset is unique. Not only is he adept at conventional bankruptcy and restructuring proceedings, as co-chair of O’Melveny’s Bankruptcy Litigation Group, he is also an experienced litigator and handles disputes surrounding some of the most complex commercial and financial instruments across a broad range of industries and practices. Because of Daniel’s creative approach and exceptional knowledge base, leading financial institutions, private equity sponsors, hedge funds and public and private companies call on him to help them navigate a host of bankruptcy and restructuring issues. From lender liability and fraudulent conveyances to distressed debt investments and complex commercial litigation, Daniel has achieved successes for his clients in every type of restructuring scenario—and his track record proves it.

In the past year, Daniel has worked at the center of some of the nation’s most widely publicized restructuring matters. He is a key member of the O’Melveny team representing Puerto Rico Electric Power Authority in its historic restructuring of over US$9 billion in debt and is leading an ad hoc group of lenders in the widely-followed restructuring of nationwide gym chain 24 Hour Fitness. Daniel has also helped multiple private equity firms and other financial institutions in claims brought by litigation trustees arising out of their former portfolio companies and other investments. And, he has deep experience advising companies and financial institutions in cross-border insolvency and chapter 15 cases.

Creditor Experience

• Represents an ad hoc group of cross-over lenders to 24 Hour Fitness in its chapter 11 cases.
• Represents funds affiliated with Franklin Advisers, Inc. as majority DIP lender and stalking horse buyer in chapter 11 case for Appvion Paper. Daniel led successful efforts to achieve roll-up of US$240 million of first lien debt at the outset of the case and acquire substantially all of Appvion’s assets in a credit bid as part of contested section 363 sale.
• Represents a large secured creditor in the Energy Futures Holdings chapter 11 case, including taking the lead role in formulating a bankruptcy strategy to maximize client’s recoveries and a litigation strategy to address numerous contested matters. Daniel has also taken the lead role in litigating two intercreditor disputes, successfully transferring venue of one such suit (over a cross motion to remand back to state court) to the Delaware Bankruptcy Court, Delaware Trust Co. v. Wilmington Trust, N.A., 534 B.R. 500 (SDNY 2015). In the other case, he led efforts to obtain dismissal with prejudice of a complaint seeking a priority distribution to between US$500 and US$600 million of collateral. Marathon Asset Mgmt., LP, et al. v. Wilmington Trust, N.A., et al. (In re Energy Future Holdings Corp.), 548 B.R. 79 (Bankr. D. Del. 2016). The decision was affirmed twice on appeal. Marathon Asset Mgmt., LP, et al. v. Angelo Gordon & Co. LP, et al. (In re Energy Future Holdings Corp.), 2017 WL 1170830 (D. Del. Mar. 28, 2017), aff’d, 2018 WL 3752231 (3d Cir. Aug. 8, 2018).
• Represents ad hoc group of first lien lenders in Fieldwood’s 2018 prepackaged bankruptcy cases.
• Lead lawyer representing Capital One as RBL agent in Castex’s chapter 11 case. Successfully led efforts to negotiate to consensual resolution of numerous open issues with the Creditors’ Committee and to obtain confirmation of a plan over the objection of the former preferred shareholder.
• Represented Bank of America as RBL agent in Stone Energy’s chapter 11 case, leading RSA negotiations and defeating motion to appoint official equity committee.
• Represented a bondholder group that commenced involuntary chapter 11 bankruptcy case against an Indonesian shipping company that was attempting to restructure its obligations in Singapore and Indonesia. Acted as the lead counsel on the US team, taking the lead in developing the US-based strategy.