Creditors' Rights and Business Reorganizations Featured Transactions

  • Advised Board of Directors under Delaware law of their fiduciary duties associated with a proposed recapitalization where the Company had a controlling shareholder and could be alleged to be in the zone of insolvency.
  • Involuntary Chapter 7 filing on behalf of group of secured mechanic lien claimants in Tennessee Bankruptcy Court against national construction firm.
  • Settlement of disputed accounts receivable, sales of real estate in multiple states, and resolution of claims on behalf of an insolvent subsidiary for firm client.
  • Successful jury trial defense of claims asserted by a Bankruptcy Trustee under fraudulent transfer theory against a firm client.
  • Trial verdict representing a firm client who was a creditor in pursuing a large six figure fraudulent transfer claim.
  • Negotiated settlement of Chapter 11 trustee seven figure commodity transaction claim for less than one-third of amount claimed.
  • Debt planning of Houston company including sale of unprofitable locations and successful negotiation with landlord for reduction in rent.
  • Successful confidential settlement of seven figure guaranty claim asserted by third party financing company.
  • Successful resolution through litigation and agreement on behalf of two-thirds owner of business entity where successor of interest claims were asserted by a Bankruptcy Trustee.
  • Managed the appeal of an adverse trial court judgment which eventually resulted in the reversal of the trial court in favor of firm's client, in a case of first impression as to the applicability of the Automatic Stay provisions of the Bankruptcy Code.