Dan Eliades

Practice Areas

Daniel Eliades is a partner in the firm's Finance practice. He regularly represents franchisors, resort owners and associations, real estate developers, automobile lessors, and financial institutions in all phases of debtor and creditor relations.

Daniel regularly represents franchisors in out-of-court workouts and restructurings with distressed franchisees; collection and enforcement litigation (including mediation and arbitration proceedings); bankruptcy cases of franchisees; receiverships; and other debtor/creditor matters involving franchisor-franchisee relations. Daniel has represented franchisors in thousands of such matters throughout the United States and internationally. His representations include efforts to: (a) maximize the recovery of amounts due franchisors; (b) if appropriate, rehabilitate and restructure the exiting franchisor/franchisee relationship; (c) when directed, facilitate the transition of franchised businesses to “good standing” or new franchisees; and (d) protect franchisor marks and systems from unauthorized use or continued use by “bad acting” franchisees. Daniel provides guidance to emerging systems as well as some of the largest franchisors in the world.

Daniel routinely assists financial institutions, finance entities, automobile lessors, real estate holding companies, and other entities in loan restructurings, compositions, assignments for the benefit of creditors, commercial collection and foreclosure actions, lease financing, and all phases of bankruptcy representation. His insight into the issues facing lenders well positioned Daniel for his service on the Board of Directors of a publicly traded financial institution.

Daniel also represents financially distressed businesses in out-of-court workouts and restructurings in bankruptcy proceedings. He has represented a wide range of retail businesses, manufacturers, timeshare developers, associations, real estate investors and service providers in successful reorganization efforts.

Daniel advises timeshare developers, resort owners, associations, and exchange companies in a variety of debtor/creditor issues. He represents assocation resort owners in inventory recovery programs in judicial and non-judicial foreclosure jurisdictions across the United States. Daniel also represents timeshare developers in bankruptcy litigation, defending consumer claims, financing matters, debt restructurings, HOA litigation, commercial disputes (including construction litigation), and disputes involving third party exit entities.

Finally, Daniel has published numerous articles and served as a contributor in reference and practice series in the areas of bankruptcy law, franchise law, foreclosure and bankruptcy fraud. He is a frequent speaker on these and related issues and was formerly an Adjunct Professor, Bankruptcy Law, at New York University, School of Continuing Education.

Professional Memberships

American Bar Association

American Resort Development Association

Commercial Law League of America

Essex County Bar Association

International Franchise Association

New Jersey Bar Association, member of Franchise Law Committee

Vice Chair of the Franchise Law Committee of the New Jersey Bar Association - 2021-2022

Publications

“An Overview of Chapter 11 Franchisee Cases,” American Bankruptcy Institute, 2023

“Friendly Foreclosure: A Non-Bankruptcy Alternative to Resolution of Franchise Defaults,” New Jersey Lawyer, February 2019

Editor, The Bankruptcy Handbook for Franchisors & Franchisees, American Bar Association Forum on Franchising, 2018

“The Bankruptcy Filing—Initial Issues,” Chapter 2, The Bankruptcy Handbook for Franchisors & Franchisees, American Bar Association Forum on Franchising, 2018

“Where Do We Go From Here? The Consequences Of Rejecting Contracts,” Westlaw Journal, April 2014

“Hungry For Cash, Casual Dining Co’s. May Flock To Ch. 11,” Quoted in Law360 article, February 2014

“Too Hot to Cybersquat: How Franchisors Can Use the Anticybersquatting Consumer Protection Act,” American Bar Association, Franchise Law Journal, Spring 2012

“Franchisee Chapter 11: A Primer for Franchisors,” ALM Law Journal Newsletter, February 2008

“Elusive Sovereign Defendant: A Primer on Sovereign Immunity in Bankruptcy Proceedings under 11 U.S.C. §106,” New Jersey State Bar Association Bankruptcy Law Section Newsletter, November 1999

“Bankruptcy Fraud,” Chapter 34, Business Crime, Matthew Bender, 1999

“Partnerships,” Volume 12, New Jersey Pleading and Practice Forms Series, Lawyers Cooperative Publishing, 1996

“Fraudulent Conveyances,” Volume 9, New Jersey Pleading and Practice Series, Lawyers Cooperative Publishing, 1996

“The Fair Foreclosure Act: A Mixed Bag for Lenders and Borrowers,” ECBF Chronicle, December 1995

“Tax Assessors Personal Liability for Biased Assessments,” Real Estate New York, November 1995

Education