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    Danielle Mashburn-Myrick photograph

    Danielle Mashburn-Myrick

    Partner

    Mobile
    251-441-8202
    danielle.mashburn-myrick@phelps.com
    Areas Of Focus
    Bankruptcy and ReorganizationLitigation

    Danielle Mashburn-Myrick focuses her practice in three specific areas: bankruptcy, creditors’ rights and commercial litigation. She brings extensive experience earned from representing clients across and beyond the firm’s footprint and in numerous industries, including marine and energy, healthcare, retail, hospitality, commercial real estate, transportation, and banking and financial services.

    In her bankruptcy practice, Danielle frequently represents community banks and global financial institutions as well as manufacturers, landlords and asset purchasers in reorganizations and liquidations. She advises distressed companies, corporate officers and directors, and guarantors in pre-bankruptcy planning, out-of-court workouts, wind downs and debt restructurings.  

    In her complementary creditors’ rights practice, Danielle represents creditors in commercial foreclosures, in and out of court collection activities, Uniform Commercial Code sales, in exercise of other Article 9 remedies, and obtains payment of sizable debts and obligations. In Danielle’s commercial litigation practice, she defends lender liability claims such as automatic stay and discharge injunction violations, and breach of loan participation agreements. She litigates contract disputes in state, bankruptcy, and other federal courts.

    Between college and law school, Danielle spent two years teaching English in Central Asia, followed by a year gaining hands-on retail management experience running her family’s business in Fairhope, Alabama. Outside of her busy practice, Danielle is involved in a number of organizations and is a tireless advocate for children’s healthcare protections.

    In her complementary creditors’ rights practice, Danielle represents creditors in commercial foreclosures, in and out of court collection activities, Uniform Commercial Code sales, in exercise of other Article 9 remedies, and obtains payment of sizable debts and obligations. In Danielle’s commercial litigation practice, she defends lender liability claims such as automatic stay and discharge injunction violations, and breach of loan participation agreements. She litigates contract disputes in state, bankruptcy, and other federal courts.

    Between college and law school, Danielle spent two years teaching English in Central Asia, followed by a year gaining hands-on retail management experience running her family’s business in Fairhope, Alabama. Outside of her busy practice, Danielle is involved in a number of organizations and is a tireless advocate for children’s healthcare protections.

    Experience

    • Lead counsel to unsecured creditor—a global marine and energy company—in bringing adversary proceeding against chapter 7 trustee to recover money from the estate of a former fuel bunkering entity. Successfully opposed chapter 7 trustee’s objection to claim.
    • Lead counsel to largest general unsecured creditor in objecting to a specialty food producer and small business debtor’s disclosure statement and plan of reorganization. Representation resulted in confirmation of a plan to pay client 100% of its claim.
    • Counsel to general unsecured agricultural creditor in objecting to confirmation of chapter 12 farm debtor’s plan of reorganization. Representation resulted in confirmation of a plan to pay client 46 cents on the dollar, when other general unsecured creditors received nothing under the plan.
    • Advised secured lender in student housing complex debtor’s chapter 11 case, including litigation over use of cash collateral, which culminated in a § 363 sale of client’s collateral and recovery of 100% of the outstanding principal and accrued interest. 
    • Represented law firm in successfully responding to chapter 7 trustee’s demand for return of allegedly preferential prepetition payments. Representation resulted in no payment to the trustee and no commencement of litigation.
    • Represented healthcare insurer defendant in defending against liquidating trustee’s claim for recovery of prepetition premium payments on fraudulent transfer theory. 
    • Represented financial institution and secured creditor in credit bidding for and purchasing all assets of a chapter 7 estate, including chapter 5 causes of action, and in prosecuting purchased preference and fraudulent transfer claims.
    • Represented medical practice in negotiating for and purchasing through § 363 sale its medical practice from former investor, which had declared bankruptcy. 
    • Represented furniture manufacturer who sold product to furniture retailer debtor prepetition through a factoring agreement in defending against chapter 7 trustee’s adversary proceeding to recover over $2.6 million in prepetition payments under a preference theory. 
    • Represented healthcare insurer defendant in defending against liquidating trustee’s claim for recovery of prepetition premium payments on fraudulent transfer theory. 
    • Represented financial institution and secured creditor in credit bidding for and purchasing all assets of a chapter 7 estate, including chapter 5 causes of action, and in prosecuting purchased preference and fraudulent transfer claims.
    • Represented medical practice in negotiating for and purchasing through § 363 sale its medical practice from former investor, which had declared bankruptcy. 
    • Represented furniture manufacturer who sold product to furniture retailer debtor prepetition through a factoring agreement in defending against chapter 7 trustee’s adversary proceeding to recover over $2.6 million in prepetition payments under a preference theory. 

    Insights

    • July 26, 2024

      ABI Presents Striking Gold: Unearthing Intangible Assets in Bankruptcy…

    • July 13, 2024

      ABA Presents Trending Ethical Issues for Bankers…

    More +
    • June 6, 2024

      Chambers USA Guide 2024 Ranks 24 Phelps Practice Areas and 69 Lawyers…

    • May 8, 2024

      How Banks Can Preserve Value Amid Corporate Default Surge…

    • April 04, 2024

      Working Through Special Assets…

    • February 27, 2024

      How Commercial Real Estate Workouts Can Help Banks and Borrowers…

    • January 5, 2024

      Are Chapter 5 Claims Assets of the Estate that a Trustee Can Sell?…

    • January 5, 2024

      Phelps Elects Nine Partners in 2024 Class…

    • November 28, 2023

      Sixteen Phelps Lawyers Honored on 2023 Mid-South Super Lawyers Lists…

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • July 20, 2023

      Best Practices in Commercial Real Estate Workouts…

    • June 26, 2023

      Why Companies and Lenders Should Care About Social Media Account Ownership?…

    • March 31, 2023

      Local Bankruptcy Rules: Mississippi (N.D./S.D. Miss.)…

    • February 2, 2023

      Danielle Mashburn-Myrick Receives ABC Business Bankruptcy Law Certification …

    • January 30, 2023

      Getting Paid: Retention and Compensation of Special Counsel in Bankruptcy…

    • December 8, 2022

      ABI Winter Leadership Conference…

    • December 5, 2022

      Local Bankruptcy Rules: Mississippi (N.D./S.D. Miss.)…

    • November 29, 2022

      Super Lawyers Names 22 Phelps Lawyers to 2022 Mid-South Lists…

    • October 24, 2022

      Danielle Mashburn-Myrick Selected for ABI’s 2022 40 Under 40…

    • August 18, 2022

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • July 12, 2022

      Banking & Financial Services…

    • January 4, 2022

      Phelps Counsel Danielle Mashburn-Myrick Named to Mobile’s 40 Under 40…

    • November 30, 2021

      Super Lawyers Names 23 Phelps Attorneys to 2021 Mid-South Lists…

    • October 21, 2021

      Alabama Bankers Association Bank Counsel Conference…

    • August 19, 2021

      More Than Half of Phelps Lawyers Chosen for Best Lawyers in America, 12 Named "Lawyer of the Year," 40 Make “Ones to Watch” List…

    • November 30, 2020

      15 Phelps Lawyers Honored by 2020 Mid-South Super Lawyers and Rising Stars…

    • November 2, 2020

      Phelps Elects Four to New Counsel Class…

    • August 20, 2020

      127 Phelps Lawyers Selected to Best Lawyers in America, 16 Named "Lawyer of the Year" and 37 Chosen for First Class of "Ones to Watch"…

    • July 13, 2020

      Recent Rulings Could Signal Greater Protection for Tenants With Bankruptcy Issues Due to COVID-19…

    • May 11, 2020

      They Paid Me, Went Bankrupt and Then Sued to Get That Money Back: How to Avoid Being an Unsecured Creditor…

    • April 28, 2020

      SBA: No, Bankrupt Companies Are Not Eligible to Receive PPP Loans…

    • April 2, 2020

      Breaking Down the 2019 Small Business Reorganization Act…

    • March 12, 2020

      Is Bankruptcy a Cure for the Coronavirus Economic Fallout?…

    Recognition

    • Chambers USA: America’s Leading Lawyers for Business - Bankruptcy/Restructuring (2024)
    • 40 Under 40, Mobile Bay Magazine (2022)
    • 40 Under 40, American Bankruptcy Institute (2022)
    • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2021-2024), Mass Tort Litigation / Class Actions - Defendants (2021-2024), Litigation - Banking and Finance (2023-2024), Litigation - Bankruptcy (2023-2024), The Best Lawyers in America: Ones to Watch 
    • Mid-South Super Lawyers Rising Stars list (2020-2023), Super Lawyers
    • Chambers USA: America’s Leading Lawyers for Business - Bankruptcy/Restructuring (2024)
    • 40 Under 40, Mobile Bay Magazine (2022)
    • 40 Under 40, American Bankruptcy Institute (2022)
    • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2021-2024), Mass Tort Litigation / Class Actions - Defendants (2021-2024), Litigation - Banking and Finance (2023-2024), Litigation - Bankruptcy (2023-2024), The Best Lawyers in America: Ones to Watch 
    • Mid-South Super Lawyers Rising Stars list (2020-2023), Super Lawyers

    Education

    • University of Alabama School of Law, J.D., magna cum laude, 2013
    • Rhodes College, B.A., Philosophy, magna cum laude, 2006
    • University of Alabama School of Law, J.D., magna cum laude, 2013
    • Rhodes College, B.A., Philosophy, magna cum laude, 2006

    Credentials

    • Florida
    • Alabama
    • Mississippi
    • U.S. District Court, Southern District of Alabama
    • U.S. District Court, Middle District of Alabama
    • U.S. District Court, Northern District of Alabama
    • U.S. Bankruptcy Court, Middle District of Alabama
    • U.S. Bankruptcy Court, Northern District of Alabama
    • U.S. Bankruptcy Court, Southern District of Alabama
    • U.S. Bankruptcy Court, Northern District of Mississippi
    • U.S. Bankruptcy Court, Southern District of Mississippi
    • U.S. Bankruptcy Court, Middle District of Florida
    • U.S. Bankruptcy Court, Northern District of Florida
    • Judicial Law Clerk for Hon. Margaret A. Mahoney, U.S. Bankruptcy Court, Southern District of Alabama
    • Judicial Law Clerk for Hon. Henry Callaway, U.S. Bankruptcy Court, Southern District of Alabama
    • Florida
    • Alabama
    • Mississippi
    • U.S. District Court, Southern District of Alabama
    • U.S. District Court, Middle District of Alabama
    • U.S. District Court, Northern District of Alabama
    • U.S. Bankruptcy Court, Middle District of Alabama
    • U.S. Bankruptcy Court, Northern District of Alabama
    • U.S. Bankruptcy Court, Southern District of Alabama
    • U.S. Bankruptcy Court, Northern District of Mississippi
    • U.S. Bankruptcy Court, Southern District of Mississippi
    • U.S. Bankruptcy Court, Middle District of Florida
    • U.S. Bankruptcy Court, Northern District of Florida
    • Judicial Law Clerk for Hon. Margaret A. Mahoney, U.S. Bankruptcy Court, Southern District of Alabama
    • Judicial Law Clerk for Hon. Henry Callaway, U.S. Bankruptcy Court, Southern District of Alabama

    Memberships and Affiliations

    Professional

    • Alabama State Bar
    • The Florida Bar
    • The Mississippi Bar
    • Mobile Bar Association
    • American Bankruptcy Institute - Health Care Committee
    • The American Board of Certification - Board Certified Business Bankruptcy Lawyer, Board of Directors
    • International Women’s Insolvency and Restructuring Confederation - Secretary, Gulf Coast Chapter (2017-2019, 2022-2024)
    • Alabama Law Institute - Committee on New Uniform Voidable Transactions Act (currently the AUFTA or Alabama Uniform Fraudulent Transaction Act)

    Civic

    • Boys & Girls Clubs of South Alabama - Secretary

    Professional

    • Alabama State Bar
    • The Florida Bar
    • The Mississippi Bar
    • Mobile Bar Association
    • American Bankruptcy Institute - Health Care Committee
    • The American Board of Certification - Board Certified Business Bankruptcy Lawyer, Board of Directors
    • International Women’s Insolvency and Restructuring Confederation - Secretary, Gulf Coast Chapter (2017-2019, 2022-2024)
    • Alabama Law Institute - Committee on New Uniform Voidable Transactions Act (currently the AUFTA or Alabama Uniform Fraudulent Transaction Act)

    Civic

    • Boys & Girls Clubs of South Alabama - Secretary
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

    Related Services

    • Bankruptcy and Reorganization
    • Litigation
    • Banking and Financial Services
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