Bankruptcy and Restructuring
Our Areas of Focus
- Representation of creditors, debtors, committees and other parties-in-interest in chapter 7 (liquidation) and chapter 11 (reorganization) cases
- Out-of-court restructuring and workouts
- Distressed asset purchases
- Transactional advice related to bankruptcy, out-of-court restructurings, and other creditors’ rights issues
- Bankruptcy litigation, including prosecuting and defending preference and fraudulent transfer claims and objections to claims
Our attorneys provide experienced guidance in assessing all stakeholder interests in distressed situations to maximize value and recoveries. While a consensual resolution is always the desired outcome, we realize it is not possible that in every case. In such instances, our attorneys are well-prepared to litigate and have substantial litigation experience in contested matters and adversary proceedings in bankruptcy courts, federal district courts, and federal appellate courts.
Our Bankruptcy and Restructuring Team
Representative Bankruptcy and Restructuring Matters
General
- Represented a national real estate lender in strategies to address non-performing commercial and residential loans, both in and outside of bankruptcy
- Represented the creditors committee in a successful chapter 11 reorganization of a major hospital association in New Mexico
- Represented numerous small- and midsized businesses and landlords in successful out-of-court restructurings and workouts
- Represented the Commonwealth of Pennsylvania in the chapter 11 reorganization of Think Finance, an online consumer lender alleged to have violated consumer lending laws
- Represented a manufacturer of medical automated ventilators in a successful chapter 11 reorganization
- Representing the Official Committee of Unsecured Creditors in the reorganization of an international manufacturer of toy and hobby-grade drones and related devices where the Committee was the successful plan proponent
- Represented the Debtors in a complex hotel and restaurant chapter 11 reorganization in East Texas
- Represented the Asbestos Claimants’ Committee in ASARCO, LLC’s bankruptcy
- Represented the Future Claimants Representative in General Motors’ bankruptcy
- Represented the chapter 11 trustee litigation related to the liquidation of assets of a real estate holding company that was determined to be a Ponzi-like scheme in order to return value to defrauded investors
- Represented the senior secured lender in a Chapter 15 matter regarding the enforceability of Mexican corporation’s plan of reorganization against U.S. creditors
- Represented the Office of the Commissioner of Baseball in Texas Rangers Baseball Partners’ bankruptcy
- Represented a former equity holder in obtaining a “take nothing” judgement against a bank that alleged he had received a fraudulent conveyance of $550,000 for the redemption of his equity, as well as obtaining a full awarded of attorneys fees as a prevailing defendant under the Texas Uniform Fraudulent Transfers Act following a two-month trial in a multiyear complex commercial dispute
- Represented creditors, including financial institutions and commercial landlords, in bankruptcy cases
News & Events
FBFK Goes 3-on-3 for Dallas Association of Young Lawyers’ “Hooping for the Community”
FBFK sponsored a team as part of the Dallas Association of Young Lawyers’ 3-on-3 charity basketball tournament on May 14 to raise money for low-income students across DFW.
NFTs: An Opportunity for Small Business, A Challenge for Intellectual Property
As the creation of NFTs heats up, legal challenges increase as well. FBFK’s Ben King highlights opportunities and legal questions presented by this emerging space.
FBFK’s Kyle Ferguson examines the current M&A climate and the outlook going forward
Merger and acquisition activity is on track to be as busy as it’s ever been for a local law firm, as uncertainty pushes business owners to exit and a heap of capital on the side drives buyers to make deals.
InfoWars and Sub V: Can Alex Jones’ Media Companies Use Small Business Reorganization to Curb Sandy Hook Defamation Liability?
Last week, three media sites affiliated with InfoWars and Alex Jones (InfoW LLC, IWHealth LLC and Prison Planet TV LLC – together, InfoWars), recently filed for Chapter 11 bankruptcy protection in the Untied States Bankruptcy Court for the Southern District of Texas. Notably, the InfoWars debtors elected to proceed under Subchapter V of Chapter 11 of the Bankruptcy Code (Sub V) which provides for “Small Business Reorganization.” What is unique about this approach to Chapter 11 reorganization? More importantly, what does this mean in terms of how the InfoWars case may proceed in bankruptcy?