Josiah M. Daniel  III - Vinson & Elkins LLP
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Josiah M. Daniel III

Listed in Best Lawyers since 2005


Josiah’s practice includes representation of debtors, lenders, asset purchasers, creditors’ committees, trustees, and unsecured creditors in corporate and commercial restructurings and in cases under Chapter 11 and all other aspects of bankruptcy and insolvency. Specific experience over more than 30 years of practice includes Chapter 11 debtor representation; Chapter 11 plan negotiation and confirmation; restructuring agreements; loan and lease workouts; Section 363 asset purchases and sales; fraudulent transfer and preference claims; resolution of disputed claims of all types including mass tort claims; postpetition financing arrangements; real estate leases, equipment leases, and executory contracts; and bankruptcy settlements.

Education and Professional Background

The University of Texas School of Law, J.D., 1978 (Member, Texas Law Review)The University of Texas, M.A., 1986University of the South, Sewanee, Tennessee, B.A., 1973 (Phi Beta Kappa)Partner, Vinson & Elkins LLP, May 1999Admitted to practice: Texas, 1978; United States Supreme Court; U.S. Courts of Appeal for the Fourth, Fifth, Seventh, and Tenth Circuits; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas

Professional Recognition

Recognized in bankruptcy: Southwest, Legal 500 U.S., 2009The Best Lawyers in America® in bankruptcy and creditor-debtor rights law, 2006 - 2012Chambers USA: America's Leading Lawyers for Business in bankruptcy/restructuring law, 2006 - 2012

Publications and Presentations

-“The Landlord’s Rejection-Damage Claim Under Bankruptcy Code § 502(b)(6): Lawyering the Allowed Claim Amount with Graphic and Mathematical Expressions,” American Bankruptcy Institute Journal No. 11 at 26, Dec. 2012/Jan. 2013
-"How to Take an Appeal From a Bankruptcy Court's Order," 31st Annual Jay L. Westbrook Bankruptcy Conference, The University of Texas School of Law, November 2012 (Co-author)
-"LBJ v. Coke Stevenson: Case Changed History and Defined 'Lawyering'," The Texas Lawbook, July 2012
-"Lessons Learned: Valuation and Bankruptcy Cases from the Past Year," at VALCON2012, Las Vegas, Nevada, February 23, 2012
-"Chapter 11: Entering a New Generation," The Texas Lawbook, November 29, 2011
-“The Fraudulent-Transfer Risk In Asset Acquisitions and Investments With Financially Distressed Parties in the United States,” 4 Law and Financial Markets Review 32, January 2010
-“Arbitration In Bankruptcy Cases Under the Jurisprudence of the Fifth Circuit Court of Appeals and the District and Bankruptcy Courts in Texas,” 43 Texas Journal of Business Law 447, Fall 2009
-"The Federal Equity Receiver's Lack of Standing to Pursue the Fraudulent Transfer Cause of Action," forthcoming
-“Recovering on Unsecured Loans in Chapter 13 Cases of Higher Income Borrowers, 63 Consumer Finance Law Quarterly Report 68, 2009
-“Nonresidential Real Property Leases in Bankruptcy,” The University of Texas School of Law Bernard O. Dow Leasing Institute, 2009
-"Another View: New Plan to Save U.S. Auto Industry" and "Another View: How to Save General Motors," The New York Times' DealBook, March 23 and April 3, 2009 (co-author with Ron Trost)
-"Executory Contracts and Unexpired Leases," State Bar Advanced Business Bankruptcy Course, 2006
-"Single Asset Real Estate Bankruptcy," ABA Business Bankruptcy/Committee Meeting, April 2006
-"Developing, Pleading and Presenting Effective Defenses Using Fed. R. Civ. P. 12(b)," Bankruptcy Litigation - Advanced Pretrial Practice and Procedure Workshop, The University of Texas School of Law, January 2005
-"Can't We All Get Together? Removal, Remand, and Venue Transfer In Mass Tort Cases," ABA Business Bankruptcy Committee meeting, October 2002
-"Non-Personal-Injury Mass Tort Chapter 11," ABA Business Bankruptcy Committee meeting, October 2001
-"Settlements and Releases in Bankruptcy Cases," State Bar of Texas, Advanced Business Bankruptcy Course, Dallas, Texas, May 2000
-"The Oversecured Lender's Entitlement to Postpetition Interest, Fees, Costs, and Charges Pursuant to Section 506(b) of the Bankruptcy Code," 22 Texas Bank Lawyer No. 2, July 1998
-“A Proposed Definition of the Term 'Lawyering,'" 101 Law Library Journal 207, 2009
-“What Can Historians Tell Us About the Credit Crisis and Bankruptcy?: A Bibliography of Histories of Credit and of Bankruptcy in the United States,” Dallas Bar Association, Bankruptcy Section, 2009
-"LBJ v. Coke Stevenson: Lawyering for Control of the Disputed Texas Democratic Senatorial Primary Election of 1948," 31 The Review of Litigation 1, 2011

Sewanee, The University of the SouthBA 1973University of Texas School of LawJ.D. 1978University of Texas at AustinMA 1986

Office Location

Trammell Crow Center, Suite 3700
2001 Ross Avenue
Dallas, TX 75201-2975
United States

Lawyer of the Year Awards

2016 Lawyer of the Year in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law of the Dallas/Fort Worth Metro Area
Josiah M. Daniel III has earned a Lawyer of the Year award for 2016!

Practice Areas

Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Litigation - Bankruptcy

Other Information

Gender: Male