Daniel M. Coyle
Daniel Matthias Coyle, an attorney at Sequor Law, focuses his practice on bankruptcy, creditors’ rights, secured transactions, collections, executions, asset recovery and cross-border insolvency, routinely representing financial institutions and other creditors in bankruptcy and state court litigation.
Daniel has represented clients in commercial loan enforcement cases, including actions for foreclosure of commercial real property and replevin, and suits on notes and guaranties. Additionally, he represents lenders in the negotiation and documentation of workout agreements, loan restructuring, forbearance agreements and loan sale agreements. Daniel has also represented sellers of goods in Uniform Commercial Code Sales of Goods litigation and aggregate bodies of foreign creditors in United States Bankruptcy Proceedings, including obtaining foreign main recognition under Chapter 15 of the U.S. Bankruptcy Code.
Daniel was named a “Rising Star” by Super Lawyers in 2016, 2017, 2018 and 2020. He was a panel member at the 2018 NAFER Conference, “So We Have an Asset Where?”, about discovery and recovery of assets abroad and a speaker at the December 1, 2016 Pincus Professional Education Seminar, entitled “Chapter 11 Challenges: Beyond the Basics” on the topic of Post-Confirmation Litigation. He is also on the international committee for NAFER. Daniel co-authored an article with Gregory S. Grossman entitled, “When a Lender Fails, Its Borrower’s Litigation Defenses May Be (D’Oench) Duhmed,” which was published in the January 2013 issue of the Florida Bar Journal.
Daniel is admitted to practice in the state of Florida, in the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, the United States Bankruptcy Court for the Southern District of Florida and the United States Bankruptcy Court for the Middle District of Florida. He is a member of the Bankruptcy Bar Association and the American Bar Association as well as the Florida Business Law Section and Florida International Law Section.
“You must keep your mind on the objective, not on the obstacle.” – William Randolph Hearst
Daniel M. Coyle
- University of Miami School of Law, J.D. (magna cum laude, 2008)
- Order of the Coif
- Saint Anselm College, B.A. (2000)
- Cum laude graduate
- The Florida Bar
- United States District Court for the Southern District of Florida
- United States Bankruptcy Court for the Southern District of Florida
- United States Bankruptcy Court for the Middle District of Florida
Professional Associations & Memberships
- Member of the International Committee for NAFER
Daniel M. Coyle
Honors / Achievements
- Florida Trend’s Legal Elite 2020-2021
- Florida Super Lawyers, Rising Star 2016-2018
Daniel M. Coyle
Published decisions in which Daniel has participated include:
- Counsel of record for the defendant in Abel & Buchheim , P.R., Inc. v. Citibank, Nat’l Ass’n, 1:16-CV-24663-KMM, 2017 WL 3731002, (S.D. Fla. Aug. 28, 2017), in which the plaintiff sued the bank under a fact-pattern that the bank permitted plaintiff’s former officer/director to transfer funds from the corporate account despite the existence of an injunction. The depositor sued the bank under theories of aiding and abetting as well as negligence. The Court dismissed the aiding and abetting counts because the factual assertions in this complaint did not allege that the bank had actual knowledge of the underlying torts or that the bank assisted the former officer/director’s tortious conduct by merely allowing her to withdraw funds from the accounts. The Court dismissed the negligence claim against the bank because plaintiff’s claims were not for the recovery of bodily injury or property damage and “there is no common-law duty of a defendant in negligence to protect a plaintiff from mere economic losses.”
- Counsel of record for the Foreign Trustee in In re Massa Falida Do Banco Cruzeiro Do Sul S.A., 14-22974-BKC-LMI, 2017 WL 1102814 (Bankr. S.D. Fla. Mar. 23, 2017), which is the first published decision nationwide that a foreign liquidator in a Chapter 15 adversary proceeding may assert US-state-law fraudulent transfer/fraudulent conveyance claims to claw back fraudulent transfers on behalf of the foreign debtor and/or its creditors.
- Counsel of record for the defendant in Gilbert & Caddy, P.A. v. JP Morgan Chase Bank, N.A., 193 F. Supp. 3d 1294 (S.D. Fla. 2016), which is the first published decision in a Florida state or federal court that a bank, in the deposit agreement, may shorten the time-period for a depositor/customer to report an allegedly fraudulent electronic funds transfer.
- Counsel of record for the defendant in First Citizen’s Bank v. Tamach Gables Square, LLC, Case No. 09-22055 CA 32, 11th Judicial Circuit, in which the bank obtained summary judgment on the basis of the D’Oench Duhme doctrine as to the borrower/guarantors’ affirmative defenses, which were all based upon an alleged oral loan modification.
- Counsel of record in In re Viação Itapemirim, S.A., 607 B.R. 761 (S.D. Fla. Bankr. 2019), in which the Court ruled that a discovery target in a chapter 15, who was neither a creditor nor a shareholder of the foreign debtor, was not permitted under either Fed. R. Bankr. P. or 11 U.S.C. § 1521(a)(4) to seek discovery on matters unrelated to the foreign representative’s authority to pursue Chapter 15 relief because allowing such discovery would intrude into foreign representative’s investigative pursuits.
- Counsel of record in In re Viação Itapemirim, S.A., 608 B.R. 268 (S.D. Fla. Bankr. 2019), ruling that a subpoena was validly served under Fed. R. Civ. P. 45 upon a deponent where the subpoena was served upon a housekeeper at a Miami apartment leased to the deponent, regardless of whether or not the deponent resided in Miami at the time and/or was not present in Miami at the time, since the deponent’s wife and two children resided at the apartment at the time, the deponent had maintained a presence in Miami and it was undisputed that the deponent had actually received the subpoena.
Daniel M. Coyle
- Authored an article entitled, “Your Recovery is Mine: Enforcement of Judgments via Judgement Debtor’s Claims Against Third Parties.” Published in the November 2020 issue of Thoughtleaders4 FIRE Magazine
- Florida’s New Commercial Real Estate Receivership Act published in the September 2020 issue of the NAFER quarterly newsletter, “The Receiver”.
- Emerging Minority View on Delivery of Subpoenas under FRCP 45, Global Restructuring Review, March 25, 2020.
- Counsel of Record on:
- In re Viacao Itapemirim, S.A. 607 B.R. 761. 10/10/2019 Bkrtcy.S.D.Fla.
- In re Viacao Itapemirim, S.A. 608 B.R. 268 10/22/2019 Bkrtcy.S.D.Fla.
- Co-Authored an article with Gregory S. Grossman entitled, “When a Lender Fails, Its Borrower’s Litigation Defenses May Be (D’Oench) Duhmed,” published in the January 2013 issue of the Florida Bar Journal
- Panel member of the 2018 conference, “So We Have an Asset Where?”
- Speaker at the December 1, 2016 Pincus Professional Education Seminar, entitled “Chapter 11 Challenges: Beyond the Basics” on the topic of Post-Confirmation Litigation