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Dale has extensive experience in all aspects of debtor/creditor relations, bankruptcy and insolvency litigation, and commercial and chancery litigation. With substantial trial and appellate experience, Dale leads a dedicated bankruptcy litigation team and also offers cost effective alternatives to litigation, through arbitrations, mediations, and alternative dispute resolution proceedings. He advises clients on all aspects of debtor/creditor disputes, workouts, and structured resolutions. He represents many of the firm’s secured and unsecured creditors and handles a wide variety of general commercial, corporate, and securities litigation.
Dale represents hard money lenders and lending funds in a variety of debtor cases, in both bankruptcy and state court. He has represented commercial lenders such as The Bank of New York Mellon and international service companies such as the Veolia North American companies and the Clean Harbors companies. He has also had substantial involvement in a number of the firm’s trustee/debtor/creditors’ and ad hoc committee cases, such as Cyxtera Technologies, Inc.; Molycorp, Inc.; DBSI, Inc.; Center City Healthcare LLC; Mutual Benefit Overseas, Inc.; and Twin County Grocers, Inc.
Dale practices in the Superior Court of New Jersey, United States District and Bankruptcy Courts for the District of New Jersey, United States Court of Appeals for the Third Circuit, United States District and Bankruptcy Courts for the Southern and Eastern Districts of New York, and United States Bankruptcy Courts in other states.
Areas of Focus
Creditor Representation
Dale has represented creditor and other interests in many significant Chapter 11 cases over the past decades, including Cyxtera Technologies, Inc.; Center City Healthcare, LLC; Limetree Bay Holdings, LLC; Westinghouse Electric Company, LLC; Molycorp, Inc; Alpha Natural Resources, Inc.; Energy Future Holdings Corp.; Hovensa, LLC; Eastman Kodak Company; Lyondell Chemical Company; Tronox LLC; Autobacs Strauss, Inc.; BearingPoint, Inc.; Northwest Airlines, Inc.; Farmland Industries, Inc.; and Genuity, Inc.
Breach of Fiduciary Duty Claims Against Corporate Directors and Officers
Dale has extensive experience, from both the plaintiff’s and defendant’s perspective, in directors’ and officers’ liability for breach of duty, negligence, and related claims brought by lenders, trustees, and committees seeking to recover losses arising from insolvency proceedings.
Complex Fraudulent Transfer and Preference Claims
Dale has represented both plaintiffs and defendants in all manners of complex fraudulent transfer and preference claims. He successfully defended a major telecom client in a $50 million preference claim and, on multiple occasions, has managed portfolios of hundreds of avoidance claims for trustees and debtors, most recently on behalf of the DBSI, Inc. trusts.
Ponzi Scheme Litigation
A growing focus in insolvency litigation has been the proof of Ponzi schemes as the basis for proving debtors’ actual fraud, thereby expediting the proofs in fraudulent transfer and securities fraud claims. Dale and bankruptcy litigation team members have been the vanguard of the firm’s efforts in this area.
Contested Chapter 11 Plan Confirmations
Dale is experienced in proving the requisites for confirmation of plans of reorganization in Chapter 11 cases, including all aspects of expedited discovery and expert proofs.
Credentials
Education
College of William & Mary, Marshall-Wythe School of Law (J.D.)
- President, Phi Alpha Delta, Wythe Chapter, 1985-1986
- Articles Editor, The Colonial Lawyer, 1986-1987
University of Virginia (B.A.)
Professional Admissions
State of New Jersey
United States District Court for the District of New Jersey
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
United States District Court for the District of Colorado
United States Court of Appeals for the Third Circuit