P: (317) 238-6237
F: (317) 636-1507
E: cmotsinger@kdlegal.com
Indianapolis Office
One Indiana Square
Suite 2800
Indianapolis, IN 46204-2079
Boca Grande Office
431 Palm Avenue
P.O. Box 1911
Boca Grande, FL 33921
C. Daniel Motsinger
Mr. Motsinger’s experience in creditors' rights, bankruptcy and commercial law spans more than 25 years. He chairs the firm's Creditors' Rights and Bankruptcy Practice Group, and is certified in Business Bankruptcy by the American Board of Certification of Bankruptcy and Creditors’ Rights Attorneys, on whose board of directors Mr. Motsinger currently serves as Chair. He has represented creditors, debtors and investors in litigation and bankruptcy cases throughout the United States. Mr. Motsinger testified before the Congressionally-appointed National Bankruptcy Review Commission in 1997. Mr. Motsinger served as a judicial clerk to U.S. District Judge James Lawrence King in Miami, Florida, and as a judicial intern and research assistant to the Administrative Assistant to the Chief Justice, Supreme Court of the United States.
Representative Experience
- Represented significant creditor in In re ATA Airlines, Inc., et al., Case No. 08-03675-BHL-11 (Bankr. S.D. Ind., Indianapolis Div.)
- Represented major creditors in In re Champ Car World Series, LLC, fdba Open Wheel Racing Series, LLC, fdba Corkscrewacquisitions, LLC, Case No. 08-02172-AJM-11 (Bankr. S.D. Ind., Indianapolis Div.)
- Represented purchaser of substantial portion of debtor's assets in In re Heartland Memorial Hospital, LLC, aka Illiana Surgery and Medical Center, LLC, et al., Case No. 07-20188-JPK-11 (Bankr. N.D. Ind., Hammond Div.)
- Represented major landlord in In re Winn-Dixie Stores, Inc., et al., Case No. 3:05-bk-03817-3F1 (Bankr. M.D. Fla., Jacksonville Div.)
- Represented major creditors In re ATA Holdings Corp., et al., Case No. 04-19866-BHL-11 (Bankr. S.D. Ind., Indianapolis Div.)
- Represented major secured lender in In re Burlington Motor Carriers, Inc., and Jolliff Transportation, Inc., Case No. 01-10409-AJM-7A (Bankr. S.D. Ind., Indianapolis Div.)
- Represented bond indenture trustee as creditor In re Heartland Steel, Inc., Case No. 01-80081-FJO-11 (Bankr. S.D. Ind., Terre Haute Div.)
- Represented senior secured lender in In re Paul Harris Stores, Inc., et al., Case No. 00-12467-BHL-11 (Bankr. S.D. Ind., Indianapolis Div.)
- Represented major creditor in In re Qualitech Steel Corporation, et al., Case No. 99-03364-AJM-11 (Bankr. S.D. Ind., Indianapolis Div.)
- Represented purchaser of substantial portion of debtors' assets in In re Sun TV and Appliances, Inc., and Sun Television and Appliances, Inc., Case No. 98-2107 (MFW) (Bankr. D. Del.)
- Represented debtor in successfully confirming Chapter 11 plan of reorganization in In re Stylus, Inc., Case No. SB-91-12053 MG (Bankr. C.D. Calif., San Bernardino Div.)
Education
- University of Michigan Law School, Ann Arbor, Michigan (J.D., cum laude, 1982)
- Hillsdale College, Hillsdale, Michigan (A.B., summa cum laude, 1979) Co-Valedictorian
Bar Admissions
- Indiana, 1982
- U.S. District Court for the Northern District of Indiana, 1982
- U.S. District Court for the Southern District of Indiana, 1982
- Florida, 1983
- California, 1988
- U.S. District Court for the Middle District of Florida, 1983
- U.S. District Court for the Southern District of Florida, 1983
- U.S. District Court for the Northern District of California, 1987
- U.S. District Court for the Central District of California, 1988
- U.S. District Court for the Southern District of California, 1988
- U.S. District Court for the Eastern District of California, 1989
- U.S. Court of Appeals 9th Circuit, 1988
- U.S. Court of Appeals 7th Circuit, 1991
- U.S. District Court for the Northern District of Illinois, 2008
- U.S. Court of Appeals 11th Circuit, 2009
- Supreme Court of the United States, 2001
Professional Associations
- American Board of Certification of Bankruptcy and Creditors’ Rights Attorneys (Chair, 2011)
- American Bankruptcy Institute’s Central States Bankruptcy Workshop Advisory Board (Member)
- American Bankruptcy Institute (Member)
- American Bar Association (Member)
- Indianapolis Bar Association - Commercial Law & Bankruptcy Section (Member, Past Chair)
- Indiana State Bar Association - Creditors' Rights Section (Member)
- Indiana Association for Corporate Renewal (Member)
- Indiana Supreme Court Commission on Character & Fitness for Admission to the Bar for Region IV (Member)
- The Historical Society of the U.S. District Court for the Southern District of Indiana, Inc. (Treasurer and Board Member)
- Neighborhood Advocacy Corporation, Treasurer and Board Member, 1996 - 2001
- Community Organizations Legal Assistance Project, Volunteer Lawyer, 1993 – 1997
Seminars and Presentations
- “Bankruptcy Considerations,” Banking Litigation (Risk Management Association), 2012
- “Standing Issues in Bankruptcy (MERS and Special Servicers),” Annual Bankruptcy Institute (ICLEF), 2011
- "The Next (Tidal) Wave of Cases - Healthcare Restructuring and Insolvencies", American Bankruptcy Institute's Central States Bankruptcy Workshop, 2010
- "Ethical Considerations in Representing Banks", Banking Law and Regulation (ICLEF), 2010
- "Avoiding Professional Liability: Aiding and Abetting Client Wrong-doing and Other Liability Risks," American Bankruptcy Institute Central States Bankruptcy Workshop, 2007
- "Annual Bankruptcy Institute," Indiana Continuing Legal Education Forum (ICLEF), 2001-2008
- "Bankruptcy: A Creditor’s Perspective in Indiana," Lorman Education Services, 2003-2006
- "Lender Liability: Bankruptcy Considerations," Lender Liability in Indiana, Lorman Education Services, April 2004
- “What Business Lawyers Need to Know about the Proposed Bankruptcy Reform Act”, Indianapolis Bar Association Business Section, August, 2002
- “What the Business Lawyer Needs to Know About the Future Bankruptcy Reform Act”, Business Law Institute, ICLEF, December, 2001
- “Lender Liability – Bankruptcy Considerations”, Lender Liability in Indiana, Lorman Education Services, June, 1997
- “Chapter 11: Plan Drafting and Post-Confirmation Issues”, American Bankruptcy Institute Central States Bankruptcy Workshop, June, 1997
- "Judgment Enforcement: The Basics," Lorman Education Services, October, 1996
- “Nuts & Bolts of Enforcing Out-of-County, State and National Judgments in Indiana”, Indianapolis Bar Association Commercial and Bankruptcy Section, March, 1995
- “Lien Priorities and Enforcement,” Representing the Business Creditor, ICLEF, April, 1993
- "Mechanics Liens and Bankruptcy, " The Cambridge Institute, June, 1993
Publications
- “Life in the Fire House: Representing Creditors In Bankruptcy Cases”, Inside the Minds: Bankruptcy Litigation and Dispute Resolution, Aspatore Books, 2008
- “A Closer Look at Post-BAPCPA Trends”, Aspatore Thought Leadership: Bankruptcy and Restructuring Law 2008, Aspatore Books, 2008
- "The Bankruptcy Reform Act of 1994: New Mines in the Minefield", 38 Res Gestae 16, 1994
