Professional Experience
Dan Carragher's practice combines reorganization, bankruptcy, and workout experience with the documentation and closing of complex financing transactions. As a partner in our Bankruptcy and Creditors' Rights Practice Group, he maintains an active practice in regional and national Chapter 11 and insolvency matters, representing committees, secured creditors, major unsecured creditors, equipment lessors, acquirers, and other parties. Dan is also a member of our Financial Services Department and regularly represents lenders, investors, equipment lessors, and borrowers in securitizations, private placements, equipment finance, bank loans, and other private finance transactions.
Representative Matters
· Bankruptcy and Workouts
· Representing aircraft finance party on section 1110 issues in Northwest Airlines Chapter 11 case in connection with restructuring of secured debt and lease equity interests in seven Airbus and Boeing aircraft
· Served as debtor's special finance counsel in $700 million recapitalization of International Place office towers in Boston
· Represented ad hoc committees of holders of over $5 billion of securitization notes in Chapter 11 cases of Conseco Finance in Chicago and DVI Financial Services in Delaware
· Represented sale-leaseback lenders on multiple properties in Hechinger, Montgomery Ward, and Kmart
· Representing equipment lessors in Chapter 11 reorganizations in Massachusetts, New York, and Delaware and in federal and state court litigation in cases involving retailers, contract manufacturers, environmental service, manufacturing, recycling, and biomedical waste-processing companies
· Capital Markets
· Representing investors in acquisition and financing of syndicated lease and participation interests involving rail cars, auto racks, aircraft, rolling stock, trailers, vehicle rental fleets, and construction and other equipment
News, Publications & Presentations
· Speaker, "Trade Creditor Issues in Chapter 11," Boston Bar Association, April 10, 2012
· Featured, "Fifty Day Pitney Attorneys Recognized as Super Lawyers," Day Pitney Press Release, October 24, 2011
· Featured, "Fifty-seven Day Pitney Attorneys Recognized as Super Lawyers; Six Additional Lawyers Recognized as 'Rising Stars'," Day Pitney Press Release, November 12, 2010
· "Sales to Insiders: Are They Entirely Fair?" American Bankruptcy Institute Journal, November 2010
· Featured, "Fifty-six Day Pitney Partners Recognized as New England Super Lawyers," Day Pitney Press Release, October 30, 2009
· Panelist, "Surviving the Credit Crunch," New England Roundtable Series 2008
· Co-author, "Update: Emergency Economic Stabilization Act of 2008," Day Pitney Alert, October 3, 2008
· Co-author, "Emergency Economic Stabilization Act of 2008," Day Pitney Alert, September 29, 2008
· Co-author, "Troubled Assets Relief Program Highlights of the Discussion Draft Bill," Day Pitney Alert, September 26, 2008
· "Sales Free and Clear: Limits on §363(f) Sales," American Bankruptcy Institute Journal, September 2007
· "True Lease or Disguised Financing? The 'State' of the Law," ABI Journal, June 2006
· "When 100% Is Not Enough: Post-petition Accruals on Oversecured Claims," ABI Journal, July/August 2005
· "Artificial Impairment Revisited," ABI Journal, February 2005
· "Potential for Avoidance of Substitutions and Repurchases in Bankruptcy," The Journal of Structured Finance, Fall 2004
· "What the Supreme Court's Prime Plus Ruling Means for Chapter 11," ABI Journal, August 2004
· "Originator Insolvency: the Ultimate Test for U.S. Securitisation Transactions," The Deutsche Bank Global Securitisation and Structured Finance Guide, 2004
· Panelist, "Circuit Splits: Divergent Precedents and Practices Among the First, Second and Third Circuits," ABI 2004 Northeast Bankruptcy Conference, July 15-18, 2004
· "The Narrowing Preemptive Power of Chapter 11," ABI Journal, February 2004
· "A Troubled Chapter," Submarine Telecoms Forum, July 2003
· "Courts Limit Benefits to Landlords Under Letters of Credit," ABI Journal, July/August 2003
· "Smooth Sailing for Designation Rights Sales," ABI Journal, February 2003
Professional Affiliations
· Equipment Leasing and Finance Association
· American Bankruptcy Institute
· American College of Investment Counsel, fellow
Awards and Achievements
· Recognized as a Massachusetts Super Lawyer, 2004-2011