Murtha Means More
Murtha Cullina
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Partner
Boston
Email: dcohn@murthalaw.com
Phone: 617-457-4155
Fax: 617-482-3868
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Bar & Court Admissions

  • Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Supreme Court

Education

  • Cornell University Law School (J.D., 1979)
  • Yale University (B.A., 1975)

Daniel C. Cohn


Mr. Cohn devotes his practice to financially distressed businesses and is recognized as one of New England's best-known counsel to troubled companies. His experience includes Chapter 11 reorganizations and sales, out of court debt restructurings, troubled company acquisitions, trust mortgages and assignments for benefit of creditors, and representation of directors and officers, equity sponsors, litigation defendants, trustees, landlords, suppliers, tort claimants and creditors' committees. 

Mr. Cohn is a trained mediator and frequent lecturer on bankruptcy law. He is a fellow of the American College of Bankruptcy and currently the College's regent for the First Circuit. Mr. Cohn is listed with a Tier One ranking in America’s Leading Business Lawyers (Chambers & Partners USA).

Speaking Engagements:

  • "Credit Bidding at Bankruptcy Sales: No Longer a Right?" Boston Bar Association, Business Bankruptcy Committee (2010) 
  • "Injunctions against Litigation among Non-Debtors following the Supreme Court's Decision in Travelers Indemn. Co. v. Bailey," Massachusetts Continuing Legal Education (2009)
  • "Ethical Considerations in Bankruptcy Cases - Beyond Conflicts," American Bankruptcy Institute, Northeast Bankruptcy Conference (2009)
  •  "Non-bankruptcy Alternatives for a Distressed Company," American Bankruptcy Institute, Midwest Bankruptcy Conference (2008)
  • "Anatomy of a Distressed Business," American College of Bankruptcy and Boston College Law School (2008)

Publications:

  • Trust Mortgages: An Under-Appreciated Tool, 17 American Bankruptcy Insitute Law Review 61 (2009)
  • What Every CEO Should Know Before Filing a Chapter 11 Case, 2004/2005 Americas Restructuring Guide

Representative Matters:

  • Waste Systems International, Inc., a solid waste disposal company with liabilities of $150 million. Represented the company in its successful Chapter 11 reorganization, in which the equity sponsor retained ownership in exchange for an additional invesment.
  • Diam International, Inc., a designer and manufacturer of retail product displays with sales of $250 million. Represented the company in an out-of-court restructuring whereby almost half of its revolving credit facility of $100 million was forgiven, and the common stock remained in the hands of the equity sponsor.
  • Wash Depot Holdings, Inc., a nationwide operator of car washes, quick lube centers, gas stations and convenience stores with liabilities of $130 million. Represented the company in its successful Chapter 11 reorganization, in which one of the lenders acquired the equity of the restructured enterprise.
  • Wolverine, Proctor & Schwartz, Inc., a manufacturer of industrial ovens with sales in excess of $50 million. Represented the stockholder in an out-of-court debt restructuring whereby its secured credit facility was discharged in exchange for payment of half of the outstanding amount.
  • DB Companies, Inc., a chain of 150 convenience stores and gas stations in the northeast, with revenues of $175 million. Represented the company in selling its retail locations through Chapter 11.
  • Education Loan Services, Inc., a loan-servicing company responsible for $3.4 billion in student loans owned by 80 different client financial institutions. Represented the company in an out-of-court program successfully transferring the loan portfolios to other servicers while avoiding the enormous loss to clients that would have resulted from a sudden cessation of servicing.
  • Mason & Hamlin Corp., a 150-year old piano manufacturer, among the most distinguished in the American piano industry. Represented the creditors' committee in defeating management's Chapter 11 plan offering 14% payment to creditors and obtaining confirmation of the committee's own plan paying more than 70%.
  • Plassein International Corp., a manufacturer of plastic packaging in the United States and Canada with sales of $150 million. Represented the company in selling its business, on a going-concern basis, under Chapter 11.
  • Shape Inc., a major independent manufacturer of audio and video cassettes, with annual sales of approximately $100 million. Represented the Chapter 11 trustee in obtaining confirmation of a plan of reorganization paying a 100% dividend to creditors while maintaining Shape as an independent company.
  • New Hampshire Electric Cooperative, Inc., an electric utility with approximately 60,000 customers and $270 million in debt. Represented the utility in obtaining confirmation of a Chapter 11 plan that restructured debt resulting from investment in a nuclear power plan while maintaining the utility as an independent company.
  • Insurance Holdings of America, an insurance marketing and technology company with liabilities of $30 million. Served as creditors' trustee under an out-of-court wind-down arrangement approved by creditors as a quicker and less expensive alternative to bankruptcy.
  • Corners, Inc., a chain of picture framing superstores with liabilities of $17 million. Represented the company in its successful Chapter 11 reorganization.
  • Number Nine Visual Technology Corp., a publicly-held developer and manufacturer of graphics boards and a proprietary internet appliance. Represented the company in its Chapter 11 reorganization in which it successfully accomplished the sale of its technology and transfer of its employees to an acquiror on an expedited basis.
  • BioTransplant Incorporated, a publicly-held developer of therapeutics to suppress undesired immune responses and enhance the body's ability to accept donor cells, tissues and organs. Represented the company in connection with its liquidating Chapter 11 plan under which creditors were paid in full.
  • NordicTrack, Inc., a manufacturer of exercise equipment with peak sales of $480 million. Represented the company in its Chapter 11 case involving sale of the company's trade name and inventory.
  • UNIFI Communications, Inc., a telecommunications company with approximately $185 million in debt. Represented the trustee in successfully confirming Chapter 11 liquidating plan and in his capacity as plan trustee thereunder.
  • Furniture.com, the largest internet retailer of home furnishings until its shutdown in late 2000. Represented the company in its Chapter 11 case designed to maximize the proceeds from liquidation of the business.
  • P.J. Keating Company, a producer of asphalt, crushed stone and related materials. In the company's Chapter 11 case, represented an international construction conglomerate in defeating a plan proposed by the company's management and acquiring the company through competing plan.
  • Stadium Management Corp., owner of the stadium where home games of the New England Patriots football team were played. Represented the Chapter 11 trustee in selling the stadium and resolving litigation on terms providing a substantial distribution to creditors.
  • Fellow, American College of Bankruptcy
  • Member, American Bankruptcy Institute
  • Member, American Bar Association, Business Bankruptcy Committee
  • Member, Boston Bar Association, Business Bankruptcy Committee
  • First Circuit Regent, American College of Bankruptcy
  • Listed as leading bankruptcy/restructuring lawyer in Chambers USA, Chambers & Partners-Publishing (ChambersandPartners.com)
  • Recognized in Best Lawyers in America and Massachusetts Super Lawyers
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