USA
Practice Areas
Daniel Fogarty regularly represents debtors, committees, trustees, creditors, buyers, and other parties in bankruptcy cases and out- of- court workouts. He has served as lead counsel for the debtors in possession in the numerous successful Chapter 11 cases filed by companies in real estate, manufacturing, healthcare, retail, software development, and other industries, including a number of successful Subchapter V cases. Mr. Fogarty has been active in representations of creditors and companies in large Chapter 11 cases throughout the country. Mr. Fogarty also represents debtors, trustees, and other parties in Chapter 7 cases. Mr. Fogarty joined Stichter, Riedel, Blain & Postler, P.A. in 2006 after graduating with high honors from the University of Florida College of Law and then serving as a law clerk for the United States Bankruptcy Court for the Middle District of Florida, Tampa Division.
Career
Board Certified in Business Bankruptcy Law by the American Board of Certification
Publications
Author of numerous articles, and panelist and moderator on various bankruptcy-related topics, including:
- Bankruptcy, Intellectual Property and SCOTUS Statutory Interpretation, Panelist, Federal Bar Association webinar, February 19, 2020
- Intellectual Property and Bankruptcy After Mission Products, Panelist, Tampa Bay Bankruptcy Bar Association, October 2019
- E-Discovery and Bankruptcy: What You Need to Know, Panelist, Central Florida Bankruptcy Law Association Annual Seminar, May 2018
- Determining when a “Claim” Arises Under the Bankruptcy Code, Panelist, Central Florida Bankruptcy Law Association Annual Seminar, May 2017
- The Federal Lawyer Magazine, “Stop! Do Not Pass Go, Do Not Collect $200” – Primer on the Automatic Stay for Non-Bankruptcy Practitioners, May 2017
- Perspectives on Bankruptcy Mediations Commercial and Consumer, Moderator, Tampa Bay Bankruptcy Bar Association, December 2016
- Second Circuit Rules Section 546(e) Safe Harbor Preempts Creditors’ State Law Claims – The Cramdown 2016
- The Intersection of Health Care Law and Bankruptcy, Panelist, Tampa Bay Bankruptcy Bar Association, November 2015
- Stern, Sharif, and the Purple Elephant – The Cramdown, Winter 2015
- May a Debtor Coming to the Bankruptcy Table Eat Smorgasbord, or Must the Debtor Eat the Entire Meal?, Cramdown (Spring 2015)
- Spoliation of Electronic Information: In re Quintus Corp. by Daniel R. Fogarty April 2007
Professional Memberships
Member, Board Member Tampa Bay Bankruptcy Bar Association
Member, Hillsborough County Bar Association
Member, American Bankruptcy Institute
Member, Florida Bar Business Law Section
Member, Federal Bar Association
Experience
Mr. Fogarty has headed up or has an active involvement in the firm’s representation of:
Scrub Island Development Group, Ltd.
Biovest Pharmaceuticals, Inc. (Bio-tech company)
Phil’s Cake Box Bakeries, Inc. (d/b/a Alessi Bakery)
Bates Properties, Inc. (co-tenant of 2000 acre development in Pasco County, Florida)
Creditors in In re Fundamental Long Term Care, Inc.
Teamwork Retail, LLC (software development company)
Teewinot Life Sciences Corp. (Pharmaceutical company)
Inpatient Care Management Company, LLC (surgical practice management)
Education
University of Florida College of Law, high honors, Order of the Coif;
J.D.
University of Notre Dame, honors.
B.A.
Work Highlights
Board Certified in Business Bankruptcy Law by the American Board of Certification
Rated “AV” (highest rating) by Martindale-Hubbell Law Directory
Listed as Florida “Rising Star,” in the area of bankruptcy/insolvency practice in “Florida Super Lawyers” 2009-2018, editions.
Listed, Florida Super Lawyers, 2021-2025
Listed, Florida’s Legal Elite, 2017 – 2022, and “Up & Comers” category 2013 – 2016 Florida
Trend Magazine
Listed by Chambers and Partners, “America’s Leading Lawyers for Business” in the area of Bankruptcy/Restructuring
Listed, Best Lawyers in America since 2018
Law Clerk, United States Bankruptcy Court for the Middle District of Florida, Tampa Division
Internship: Honorable Paul M. Glenn, Chief Bankruptcy Judge, United States Bankruptcy Court, Middle District of Florida
Selected a Member of National Conference of Bankruptcy Judges Next Generation Program
Selected a member of the International Insolvency Association Next Generation Program
Florida Law Review: Senior Editorial Board
Book Awards: Torts, Income Tax, Secured Transactions
Expert in these Jurisdictions
United States District Court, Middle District of Florida
United States District Court, Northern District of Florida
United States District Court, Southern District of Florida