Main Practice Contacts

Robert Albergotti
+1 214.651.5613
robert.albergotti@
haynesboone.com


Robin Phelan
+1 214.651.5612


Charles Beckham, Jr.
+1 713.547.2243


Kenric Kattner
+1 713.547.2518


Judith Elkin
+1 212.659.4968


Lenard Parkins
+1 212.659.4966


Stephen Pezanosky
+1 817.347.6601
stephen.pezanosky@
haynesboone.com


In the News

Haynes and Boone Helps Copper Giant ASARCO Emerge from Bankruptcy

HOUSTON – After four and one-half years in Chapter 11, ASARCO, LLC emerged from bankruptcy Wednesday with the closing of a full payment reorganization plan proposed by Americas Mining Corporation (AMC) and ASARCO, Inc, wholly owned subsidiaries of Grupo Mexico SAB represented by Haynes and Boone, LLP and Milbank, Tweed, Hadley & McCloy, LLP. >>

John Penn in Dow Jones Daily Bankruptcy Review: Growth In Prepackaged Bankruptcies

BankruptcyData.com recently released an analysis of corporate Chapter 11 filings and noted the increased number of prepackaged bankruptcy filings in recent years. And there still may be a surge left in the year’s last few weeks. >>



Recent Publications

And the Walls Came Tumbling Down: Issues in U.S. Construction Insolvencies

We are in the midst of arguably the worst economic crisis since the Great Depression. One of the biggest victims of this meltdown is the construction industry, both residential and commercial, which has been hit as hard, if not harder, than any industry in the United States. >>

Weathering the Storm: Savings Clauses: Fraudulent Transfer Issues in the TOUSA Bankruptcy Case

The judge's ruling in the October 13, 2009 TOUSA, Inc. bankruptcy cases raises a number of troubling issues for commercial lenders, including but not limited to, the judge calling into question the enforceability of fraudulent conveyance “savings clauses,” common in commercial loan agreements. >>





Bankruptcy and Business Restructuring

Read our Bi-Weekly Briefings - "Weathering the Storm"

With 42 full-time bankruptcy lawyers, Haynes and Boone has one of the largest and most experienced Bankruptcy and Business Restructuring Sections in the United States. Our lawyers have worked on many of the most high-profile Chapter 11 cases in the country. The 19 bankruptcy partners have an average of 20 years of experience guiding clients through financial crises. Restructuring a debt-laden business is not unlike multi-party military maneuvers: each creditor and party-in-interest has its own agenda, and victory requires forming multiple, and sometimes shifting, strategic alliances. Haynes and Boone lawyers have extensive experience representing debtors-in-possession, creditors’ committees, financial institutions, and other secured and unsecured creditors, as well as trustees, indenture trustees, landlords, acquirers and equity security holders committees in out-of-court restructurings and in bankruptcy court.

Our involvement in many significant corporate reorganizations representing different types of parties-in-interest, not just debtors or financial institutions, provides understanding of the dynamics of the reorganization process from each constituent's point of view. This multi-faceted, multi-billion dollar experience gives us the ability to anticipate likely developments in a restructuring which can be the catalyst for a mutually beneficial relationship between the debtor and its various creditor constituencies.

We are pro-active and resourceful in our approach to restructurings and in the use of litigation. For example:

  • We negotiate and draft reorganization plans and disclosure statements involving mergers, asset sales, stock-for-debt exchanges, and cram down restructurings.
  • We negotiate and draft pre-packaged and pre-negotiated plans of reorganization when parties-in-interest are amenable to prompt, consensual reorganizations and/or when a fast resolution is critical to a company’s continued viability.
  • We handle complex, commercial litigation and settlement of contested matters and adversary proceedings in the bankruptcy courts and in federal appellate courts, including complicated fraudulent conveyance and preference actions involving leveraged buyouts, lender liability, equitable subordination and pre-petition insider transactions.

In addition, our partners are noted industry thought leaders, prolific writers and speakers and leaders with national, international, state and local organizations such as the American Bankruptcy Institute, the American College of Bankruptcy, the American Bar Association, the International Bar Association and the International Insolvency Institute.

Whether creditor, trustee, or debtor, bankruptcy means doing business under difficult circumstances. The Haynes and Boone Bankruptcy and Business Restructuring team stands ready to guide you through these difficult circumstances.