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Danielle Mashburn-Myrick

Partner

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.

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. 

Insights

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

Education

  • 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

Memberships and Affiliations

  • 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)

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