Practice focuses on bankruptcy, debt restructuring and workouts, and creditors' rights. Extensive experience in representation of secured creditors, equipment lenders and lessors, mortgage lenders, and creditor groups in all aspects of bankruptcy proceedings including automatic stay litigation, cash collateral and DIP financing orders, lien review and priority determinations, intercreditor agreements, plan negotiation and confirmation, liquidation of companies and collateral pools, and litigation of preference, fraudulent transfer, and commercial tort matters in bankruptcy court.
· Defeated $30 million lender liability claim in arbitration and obtained an award in favor of bank client granting declaratory relief on all issues and recovery of all fees and costs.
· Experience in bankruptcy cases involving oil & gas production and oilfield service companies on behalf of creditors and equipment lenders.
· Represent owner-finance and wraparound real estate lenders in bankruptcy matters, including lift stay litigation, motions to extend the automatic stay, and chapter 11 and 13 plan disputes.
· Counsel to operating lender in several large dairy workouts, including two chapter 11 bankruptcy reorganizations. Reached and confirmed consensual chapter 11 plans in each case, resulting in full recovery of lender's $22 million and $14 million secured loans.
· Documented several large asset-based revolving loan facilities, including $50 million loan to oilfield services company and $20 million loan to dairy/agri-business.
· Represented lenders in arbitration proceedings involving commercial loans and defenses to payment.
· Represented bank group in Texas chapter 11 case involving $92 million secured loan.
· Negotiated DIP financing agreement with 3 affiliated debtors. Drafted and obtained confirmation of bank group's plans establishing for orderly liquidation of assets and pursuit of significant avoidance litigation through liquidating trust.
· Represented bank group in Delaware chapter 11 case involving $70 million DIP to big box retailer and exit facilities and successful reorganization.
· Represented floor plan lender in chapter 11 bankruptcy of auto dealership and asset sale.
· Successful prosecution of lien priority and tracing litigation between asset based lender and secured equipment and parts vendor. Representation of financial institution engaged in purchase and sale of mortgages to large insolvent mortgage servicing company.
· Special counsel to Liquidating Plan Trustees for defunct retailer and manufacturing company, obtaining several large recoveries from preference and fraudulent transfer litigation, including settlement payments of $2.5 million and $1.8 million.
· Lender's counsel in two chapter 11 bankruptcies of medical imaging centers and asset sales.
· Routinely represent several large equipment lenders/lessors in loan collection and bankruptcy matters; have handled hundreds of matters.
· Numerous creditors' rights actions, including sequestration, receiverships, and garnishments.
· Co-counsel for creditors' committee in healthcare and retail chapter 11 cases. Defended investors and directors in $5 million fiduciary duty case brought by bankruptcy trustee. Co-counsel in defense and settlement of $125 million fraudulent transfer case of national prominence.
· Acting general counsel for transportation and truck rental company for 13 month period.
· Speeches Periodic speaker at client-sponsored, in-house legal education seminars for employees of financial services companies.
- Texas, 1988
- U.S. District Court Northern District of Texas, 1988
- U.S. District Court Western District of Texas, 1990
- U.S. District Court Southern District of Texas, 1991
- U.S. District Court Eastern District of Texas, 1990
- U.S. Court of Appeals 5th Circuit, 1990
- U.S. Supreme Court, 1996
- The University of Texas School of Law, Austin, Texas
- J.D. - 1987
- Honors: With Honors
- Texas A&M University, College Station, Texas
- B.S. - 1979
- Honors: summa cum laude
- Major: Range Science
- Beneficiary Liability Under Section 550, 4 J. Bankr. Law and Prac. 145, 1995
- "When Filing an Involuntary Bankruptcy Petition Makes Sense", Business Credit, October, 1995
- 2016 Emerging Issues 7414, Dodd-Frank: Does it Apply to Your Client’s Owner-finance Mortgage Business? April 17, 2016
- Southmark Corp v. Schulte Roth & Zabel, 88 F.3d 311, 1996, 5th Circuit
- In Re Monnig's Department Stores Inc., 929 F. 2d 197, 1991, 5th Circuit
- Wells Fargo Bank
- First National Capital
Honors and Awards
- U.S. Army Officer
- Meritorious Service Medal, United States Army
Professional Associations and Memberships
- American Bar Association, Member
- Texas State Bar Association, Member
- John C. Ford Inn of Court, Member
- Federalist Society (Dallas chapter), Member
Past Employment Positions
- Jenkens & Gilchrist, P.C., Shareholder, 1988 to 2007
- Hunton & Williams, LLP, Partner, 2007 to 2010
- Alpha Zeta
- Phi Kappa Phi