In the News

Haynes and Boone Attorneys Widely Recognized by Texas Super Lawyers

DALLAS – Ninety-three Haynes and Boone, LLP attorneys were recognized in 2011 by Texas Super Lawyers. >>



Recent Publications

Law360 Guest Column: Interpreting In Re United Operating

The Fifth Circuit has been presented with two bankruptcy court decisions on how much detail must be contained in a plan to enable a post-petition trustee or reorganized debtor to prosecute claims against third parties which arose before the bankruptcy case was filed. >>



Trey A. Monsour

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5137
F +1 214.200.0532


Voted one of the Texas Super Lawyers every year since 2005 by Texas Monthly, Trey Monsour specializes in workouts, restructuring troubled businesses, and commercial bankruptcy cases filed throughout the United States.

Trey has been repeatedly listed in the National and Global Register's Who's Who in Executives and Professionals.

He regularly represents several nationally recognized banking institutions, several large investment funds, several Fortune 100 companies, and has been extensively involved as a lead attorney in representing debtors, lenders, investment funds, purchasers, large unsecured creditors and dozens of official and ex officio committees in pre-bankruptcy filing workouts and highly recognized bankruptcy cases filed throughout the United States and Texas Region.

Listed in the Energy Experts Sourcebook, Trey is routinely consulted in connection with oil and gas and energy cases.

Trey has a business background and has been actively involved in cases in the retail, restaurant, supplier, manufacturing, construction and energy industries.  He represents Fortune 100 and Fortune 500 companies as national bankruptcy counsel.

He regularly serves as a court appointed or party approved Mediator for commercial and bankruptcy disputes.

Involvement in civic affairs is important to Trey, as such he presently serves as a director of the Children's Advocacy Center of Dallas and has been honored as a member of the Texas Bar Foundation.

Trey routinely speaks on bankruptcy issues to law schools, bar associations, large corporations, large banking institutions, trade and specialty groups and associations. Trey is the Director of the State Bar of Texas Advanced Business Bankruptcy Course to be held September 13-14, 2012 in Houston, Texas. He served as a course director for the Texas Bar CLE 29th Annual Advanced Business Bankruptcy Course, held September 8-9, 2011. Trey is also a contributing author to Inside the Minds: Creditors Rights in Chapter 11 Cases, "Do Vendors Have Too Much Power In Chapter 11 Cases?" (Aspatore, 2010).

A sampling of cases in which Trey has been actively involved include:

  • Idearc Inc., Lyondell Chemical Company, Flying J Inc., Pilgrim's Pride Corporation, Pierre Foods, Inc., ASARCO, LLC, Enron Corporation, Calpine, USA Commercial Mortgage, Link Energy (formerly known as EOTT Energy Partners), Bristol Resources Corporation, Davis Petroleum, FIRSTPLUS Financial, Inc., Greyhound Bus Lines, TIC United Corporation, Tri Union Development Corporation, Trussway Industries, Inc., Sharpe Energy Companies, Perry Gas Companies, American Homestar Corporation, Dickson GMP International, Inc., Perk Development (Perkins Restaurants), Antone's Sandwich Shops, Birraporetti's Italian Restaurants, Marcos Mexican Food Restaurants, Original Pasta Co. Restaurants, Billy Blues Restaurant, Ninfa's Restaurants, Erly Industries (owner of American Rice, Inc.), Busy Body, International Industrial Services, Safescript, Venturelink, L.D. Brinkman Flooring, Panaco Offshore, Cornerstone Propane and CoServ Electric Companies, Texas Petrochemicals, LP, the Kleberg Law Firm, Trussway Industries, Inc., Kellogg Brown & Root, Stone & Webster, Southwest Lift, Inc., Talent Tree, Toroplast Manufacturing Company, and Q Entertainment, among others.

Professional Recognition

  • Recognized as a Texas Super Lawyer - Bankruptcy & Creditor/Debtor Rights (2005-2011)

Selected Representative Experience


Majestic Liquor Stores, Inc. Chapter 11 Lender Representation
Representation of the senior secured lender in the Majestic Liquor Stores, Inc.’s and affiliated Chapter 11 cases filed in the United States Bankruptcy Court in Fort Worth, Texas. The case involved protracted litigation between the lender and Majestic. Haynes and Boone developed a successful strategy, which included the filing of a motion to terminate exclusivity and a proposed plan to merge Majestic into one of its competitors. The firm's strategy and tactics led to the confirmation of a plan of reorganization that resulted in the sale of Majestic into the same competitor proposed by the Haynes and Boone team.

ASARCO LLC v. Americas Mining Corp. (In re ASARCO LLC), Adversary No. 07-02011 (S.D. Tex.)
Assisted bankruptcy and tax counsel with briefing and argument of novel issues of law and preservation of error in adversary proceeding between parent company and wholly-owned, "disregarded" entity over ownership of a $50 million tax refund, liability for more than $100 million in post-petition federal income taxes owed under tax sharing agreement, and liability for taxes attributable to $600 million deferred intercompany gain.

Bristol Resources Corporation
Chapter 11 case involving Bristol Resources Corporation’s operation of oil and gas properties located in Texas, New Mexico and Oklahoma, and an auction process.

Trussway
Represented the largest term lender in the out-of-court restructuring of the debt and equity of this manufacturer of structured building materials.

ExxonMobil - Bankruptcy Counsel
Serve as one of ExxonMobil's national bankruptcy counsel.

Talent Tree, Inc.
Represented the agent for the secured bank group in the out-of-court restructuring of this premier staffing solutions company.

Texas Petrochemical
Represented bank as agent for revolving credit lenders who are owed approximately $50 million by this Chapter 11 debtor in the isobutene and MTBE production business.

Representation of Debtor - EOTT Energy Partners
Represented this crude oil pipeline and marketing company, an affiliate of Enron Corporation, in its fast track pre-arranged Chapter 11. At the time of its Chapter 11 filing, EOTT had $10 billion in annual sales. A major issue in the case was EOTT’s claim against a major pipeline operator for indemnity in respect of massive crude oil spills and discharges. Litigation of liability and damages resulted in very large recovery that contributed to EOTT’s emergence from Chapter 11 as a standalone enterprise.

Perry Gas
Representation of the Creditors' Committee in the Chapter 11 case of a gas production and retail sales company.

Bankruptcy Preparation - Airline
Represented major airline in the representation of several other major air carriers. Also advised major airline management regarding its use of bankruptcy as a means of resolving its difficult labor situation.

Gas Production and Retail Sales Company
Representation of the Creditors' Committee in the Chapter 11 case of a gas production and retail sales company.

Foodservice Company
Serves as national corporate bankruptcy counsel for a global public foodservice company, for a full range of bankruptcy matters all over the United States, including dealing with a customers and suppliers in bankruptcy or on the verge of bankruptcy.

East Texas Steel Company
Represented the Creditors’ Committee in the Chapter 11 case of this steel company in which our attorneys secured bankruptcy court approval to run an auction of the company’s assets. The success of the Committee in putting the company on the market led to the company’s parent infusing sufficient cash into the company to permit a near full recovery to unsecured creditors.

Representation of a Financial Lender
Represented a lender in obtaining confirmation of contested plan of reorganization (while opposing four (4) other plans simultaneously), allowing the one hundred and forty year old company’s operations to continue.

Co-Counsel to Official Committee of Unsecured Creditors of Idearc, Inc.
Represent the Official Committee of Unsecured Creditors of Idearc, Inc. in its Chapter 11 case pending in Dallas. Idearc, the publisher of the Verizon Yellow Pages, was spun off from Verizon in 2006 and filed for bankruptcy protection in March 2009. Idearc owes approximately $3 billion in unsecured debt as well as more than $6.8 billion in secured debt.

Representation of Debtor - First Plus Financial
Represented this major financial services enterprise that specialized in the origination, securitization, and servicing of high loan to value consumer loans. Assets totaled more than $3 billion.

Representation of Indenture Trustee - Greyhound Lines, Inc.
Represented the official committee of bondholders in connection with the involuntary bankruptcy of this national bus transportation company.

Representation of Indenture Trustee - Greyhound Lines, Inc.
Represented the indenture trustee for the holders of Greyhound Lines subordinated notes in its first Chapter 11 case.

Chapter 11 Representation - ASARCO LLC
Represent Americas Mining Corp., the corporate parent of ASARCO LLC, a copper miner and smelter which filed for Chapter 11 bankruptcy protection in Corpus Christi, Texas with approximately $10 billion in claims. Following Chapter 11 filing, ASARCO filed a fraudulent transfer action against Americas Mining Corp., seeking recovery of several billion dollars. Successfully confirmed parent's plan in three-week contested confirmation hearing resulting in dismissal of all fraudulent transfer claims.

Chapter 11 Creditors Committee - American Home Star
Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of this major manufacturer of manufactured housing.

Bankruptcy - Fitness Equipment Retailer
Represented the Creditors’ Committee of this regional chain of fitness equipment retailers in its bankruptcy in Houston, Texas.

Vallecito Gas, LLC
Representation of Petro Cap, Inc., a potential purchaser of the Hogback Lease in the Vallecito Gas, LLC bankruptcy case. The representation included assisting in specialized negotiations with American Indian tribes over oil and gas properties governed by United States Indian Law.

Memberships

  • Dallas Bar Association
  • Houston Bar Association
  • Fifth Circuit Bar Association
  • American Bar Association
  • The Association for International Arbitration

Online Publications

09/08/2011 - Law360 Guest Column: Interpreting In Re United Operating
The Fifth Circuit has been presented with two bankruptcy court decisions on how much detail must be contained in a plan to enable a post-petition trustee or reorganized debtor to prosecute claims against third parties which arose before the bankruptcy case was filed.

03/04/2009 - Weathering the Storm: Doing Business with Vendors Who File for Bankruptcy Protection
Do you have a critical vendor that is in financial trouble or in bankruptcy? If the answer is no, your company is in a very small minority. If the answer is yes, this memorandum may help you negotiate some tricky obstacles.

04/12/2007 - Supreme Court Holding Allows Bankruptcy Proofs of Claim to be Amended to Recover Attorneys' Fees
On March 20, 2007, the United States Supreme Court issued a unanimous opinion in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., No. 05-1429, 2007 WL 816795 (March 20, 2007), holding that a creditor may supplement its unsecured claim in a bankruptcy case to recover contract-based attorneys’ fees incurred during the bankruptcy case through the litigation of bankruptcy law matters.

12/06/2001 - Enron Bankruptcy: Producer's Rights Under Product Purchase Contracts- Royalty Payments

12/05/2001 - Enron Bankruptcy: Counter-Party Rights Under Derivative Contracts
The bankruptcy filing by Enron Corp. and several of its subsidiaries, including its principal energy trading subsidiary, creates a number of issues for our clients, including those clients who are in the exploration and production business and who have entered into financial and physical swaps, puts and other derivative contracts with Enron or one of its subsidiaries.