Gielchinsky_Daniel2

Daniel Y. Gielchinsky is an experienced trial attorney whose practice is devoted to bankruptcy and commercial litigation. Mr. Gielchinsky has a broad commercial trial practice, with extensive experience in state and federal trial courts, as well as appellate courts. Mr. Gielchinsky's involvement in shareholder and partnership disputes, land use, real estate, foreclosure, construction, employment and commercial lease disputes gives him the expertise to successfully navigate many different kinds of contested matters.

In the bankruptcy arena, Mr. Gielchinsky represents debtors, creditors and other parties-in-interest in various bankruptcy litigation matters in Chapter 11 and 7 matters and adversary proceedings. Mr. Gielchinsky regularly evaluates and litigates avoidance, preferential transfer, fraudulent conveyance and dischargeability actions, successor liability, constructive trust, alter ego and lender liability issues, Section 363 assets sales, assumption or rejection of contracts, real property valuation and confirmation of plan of reorganization issues.

Mr. Gielchinsky graduated from Yeshiva University’s Sy Syms School of Business (B.S., Finance) in 1998 and received his law degree from the Benjamin N. Cardozo School of Law with a concentration in Corporate Law in 2001. Following graduation, Mr. Gielchinsky practiced as a commercial litigator and led the bankruptcy group of one of northern New Jersey’s most prominent law firms. Upon moving to Miami Beach in 2011, Mr. Gielchinsky served as Of Counsel with Bilzin Sumberg’s restructuring and bankruptcy group. He most recently served as Of Counsel with Higer Lichter & Givner.

Awards and Honors

  • Recipient of Law Journal’s "40 Under 40 Up-and-Coming Lawyers to Watch" recognition
  • Recipient of Super Lawyers’ “Rising Stars” recognition in Florida and New Jersey

Reported and Notable Cases

  • In re Tribune Co. Fraudulent Conveyance Litigation, 2013 WL 1960592 (Southern District of New York, 2013)
  • In re Leonelli-Spina, 2011 WL 1667369 (Third Circuit Court of Appeals, 2011)
  • A & L Industries, Inc. v. CDM Technical Training Institute, Inc., 2011 WL 915298 (District of New Jersey, 2011)
  • Skyline Travel, Inc. v. Skylink Travel, Inc., 2009 WL 1119418 (Southern District of New York, 2009)
  • DeNike v. Cupo, 196 N.J. 502 (Supreme Court of New Jersey, 2008)
  • In re: Whitehall Jewelers Holdings, Inc., 2008 WL 2951974 (Delaware Bankruptcy Court, 2008)
  • Denike v. Cupo, 394 N.J.Super. 357 (New Jersey Appellate Division, 2007)
  • Nash v. Mercedes Benz USA, 489 F.Supp.2d 411 (New Jersey District Court, 2007)

Publications

Speeches

  • Landlord Tenant Considerations in Bankruptcy, Panelist, ICSC New York National Conference
  • Creditors/ Rights and Remedies in Chapter 11 Moderator and Speaker, Bergen County Bar Association
  • New Jersey Bar Looks to Modify Limited Liability Company Act, Speaker, Forensic Perspectives

Professional and Community Involvement

  • Commissioner, Town of Surfside
  • Vice Chair, Surfside Coastal Issues Committee
  • Co-Chair, Dade County Bar Association Bankruptcy Committee
  • Chair, Legal Committee of The Shul of Bal Harbour
  • Member, Bankruptcy Bar Association of the Southern District of Florida
  • Executive Board Member, The Network, Greater Miami Jewish Federation
  • Past Co-Chair, Greater Miami Jewish Federation Leadership Development Institute

Practice Focus

Commercial Litigation & Bankruptcy

Education

Yeshiva University, J.D., Benjamin N. Cardozo School of Law, 2001

Yeshiva University, B.S., Sy Syms School of Business, 1998

Bar Admissions

Florida

New York

New Jersey

U.S. District Court, Southern District of Florida

U.S. District Court, Middle District of Florida

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York

U.S. District Court, District of New Jersey

U.S. Court of Appeals, Eleventh Circuit

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Third Circuit

U.S. Supreme Court