In the News

Fort Worth, Texas Magazine’s 2013 Top Attorneys List Features Haynes and Boone Lawyers

FORT WORTHFort Worth, Texas magazine recognized 15 Haynes and Boone, LLP lawyers as “2013 Top Attorneys.” >>

Texas Super Lawyers Features 91 Haynes and Boone Lawyers

Ninety-one Haynes and Boone, LLP lawyers have been recognized in the Texas Super Lawyer 2013 award listing. >>

Fort Worth Haynes and Boone Lawyers Win Asylum for Pro Bono Client

FORT WORTH - A team of Haynes and Boone, LLP lawyers has obtained full asylum for a Democratic Republic of Congo native, who was persecuted for promoting democracy in his home country. >>

Ian Peck and Alan Wright in the Texas Lawbook: Texas Lawyers Open Doors for Asylum Seekers

The Department of Homeland Security and the Department of Justice granted asylum to nearly 30,000 people in 2012. According to a study by Syracuse University, 11 percent of refugees nationwide gained asylum status without legal representation. For those who had an attorney, 54 percent gained asylum – a 500 percent higher likelihood of gaining asylum than those without a lawyer. >>



Recent Publications

Weathering the Storm: Living Will Requirement under Dodd-Frank

On September 13, 2011, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) unanimously approved a final rule implementing Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Rule”). The Dodd-Frank Rule requires (i) bank holding companies with $50 billion or more in assets and (ii) nonbank financial institutions, such as insurance companies and investment banks that are designated as “systemic” by the Financial Stability Oversight Council to create and submit “living wills.” >>



Ian T. Peck

Partner

Fort Worth


201 Main Street
Suite 2200
Fort Worth, 76102
T +1 817.347.6613
F +1 817.348.2350

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 817.347.6613
F +1 817.348.2350

Áreas de Practica

Educación

  • J.D., Vanderbilt University Law School, 1999, Professional Authorities Editor, Vanderbilt Journal of Transnational Law
  • B.A., English, University of Oklahoma, 1996, summa cum laude

Bar Admissions

  • Texas, 1999

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Texas
Ian T. Peck

Ian Peck is a partner in the Bankruptcy and Business Restructuring Practice Group of Haynes and Boone. He represents creditors, debtors and trustees in a variety of bankruptcy matters.

Ian's experience includes:

  • Representation of Centennial Beverage Group in its Chapter 11 case in the Northern District of Texas.
  • Representation of Guaranty Financial Group Inc. and three of its affiliates in their complex Chapter 11 cases in the Northern District of Texas. Through its subsidiaries, GFG formerly owned Guaranty Bank, which operated more than 100 bank branches in Texas and California and, as of year-end 2007, had consolidated assets of more than $16 billion.
  • Representation of American LaFrance, one of the oldest fire-apparatus manufacturers in America, in its Chapter 11 proceedings.
  • Representation of furniture retailer The Bombay Company in its Chapter 11 proceedings.
  • Representation of Mirant Corporation, one of the world’s largest generators and marketers of electricity, in its successful Chapter 11 reorganization.
  • Representation of Kitty Hawk, Inc. and ten of its affiliates in Chapter 11 proceedings.
  • Representation of Kevco, Inc. and its affiliates in Chapter 11 proceedings.
  • Representation of various debtors and creditors in matters throughout the United States, particularly in the telecommunications, healthcare and energy industries.

Recent Honors

  • Recognized by Best Lawyers in America in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation - Bankruptcy, 2014
  • Recognized as a Texas Super Lawyer, 2013
  • Recognized as a leading lawyer in Texas for Bankruptcy, Chambers USA, 2012-2013
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2004-2012)
  • Chosen by his peers as one of Fort Worth's Top Attorneys in Bankruptcy in Fort Worth, Texas, The City's Magazine, 2005-2013

Recent Publications and Speeches

  • "A Beginner's Guide to Selling Out: Selected Strategies to Maximize Return on Distressed Collateral," South Texas College of Law 26th Annual Real Estate Law Conference, June 2, 2011.
  • "Bank Holding Companies in Crisis - New Developments and Selected War Stories," 37th Annual Texas Bankers Association Legal Conference, April 1, 2011.
  • Bankruptcy Update, Texas Association of Bank Counsel 34th Annual Convention, October 7-8, 2010.
  • Participant in a Great Debates presentation, 18th Annual Southwest Bankruptcy Conference, September 24, 2010.
  • "Lessons Learned from Jerry Jones: Consider a Receiver for Your First Round Pick," Co-author with Erik K. Martin, South Texas College of Law 25th Annual Real Estate Law Conference, June 3-4, 2010.
  • "Weathering the Storm: Doing Business with Struggling Customers," Haynes and Boone Alert, February 11, 2009.
  • "Ocean-Front Property in Montana and Other Shrewd Purchases: Sales of Assets in Bankruptcy Pursuant to Section 363," Co-author with Robin E. Phelan and Eric D. Poole, August 5, 2003.
  • "The Perfection of Liens in Unregistered Copyrights: Aerocon and Beyond," Co-author with Stacey G. Jernigan and Marty L. Brimmage, Jr., 28 Okla. City U. L. Rev. 645 (2003).
  • "I Just Called…To Say…I'm Bankrupt: Telecommunication and IP Issues in Bankruptcy," Dallas Bar Association Bankruptcy Section, June 5, 2002.
  • "Licensed to Kill: A Tale of Contract Termination with Extreme Prejudice, Lapses in Security and..." University of Texas School of Law - 14th Annual Computer Law Conference, May 30, 2001.
  • "Recent Developments in Commercial and Consumer Cases," Southeastern Bankruptcy Law Institute, March 22, 2001.
  • "Removing the Venom from the Snakehead: Japan's Newest Attempt to Control Chinese Human Smuggling," Vanderbilt Journal of Transnational Law, 31 Vand. J. Transnat'l L. 1041 (1998).

Selected Representative Experience


Tenant Representation
Representation of tenant regarding a 40-year, 175-acre multi-million dollar lease with a bankrupt landlord. In connection with the proposed assumption and assignment of the lease and confirmation of the debtor's plan, the firm litigated the amount of cure to be paid to the tenant, including complex issues regarding rent reduction and other lease terms. The firm engaged in extensive discovery and other trial preparation, and ultimately negotiated a favorable settlement with the landlord regarding these issues.

RT Jedburg v. American LaFrance LLC
On appeal to federal district court in Delaware, obtained ruling striking liquidated damages provision resulting in take-nothing judgment on $8 million post-confirmation bankruptcy claim related to lease dispute.

BOH Park Highlands Nevada Litigation
Represented BOH Park Highland, an affiliate of Hillwood Investment Property Services, in connection with the Chapter 11 bankruptcy cases filed by November 2005 Land Investors LLC, and two affiliates in the U.S. Bankruptcy Court for the District of Nevada. Nov 2005 filed bankruptcy in July 2011 due to its inability to service $170 million of secured debt. Our client, BOH, is the ultimate owner of November 2005. In December 2011, Nov 2005 sold substantially all of its assets, including approximately 1,340 acres of land in a master-planned real estate development in North Las Vegas known as Park Highlands, to a third party for $21 million.

Guaranty Financial Group Inc. - Chapter 11
Representation of Guaranty Financial Group Inc. ("GFG") and three of its affiliates in their complex Chapter 11 cases in the Northern District of Texas. Through its subsidiaries, GFG formerly owned Guaranty Bank, which operated more than 100 bank branches in Texas and California and, at one time, had consolidated assets of more than $16 billion. The Office of Thrift Supervision appointed the FDIC as receiver for Guaranty Bank in August 2009, resulting in the second largest bank failure of 2009 and the tenth largest in American history. This Chapter 11 case required the firm to formulate a plan for the distribution of GFG's assets to GFG's creditors, including GFG's $305 million Trust Preferred Security Holders. The complexity of the case was heightened by the heavy involvement of the FDIC, which asserted multi-billion dollar claims against the Debtors' estates. The firm negotiated a global settlement among GFG, the FDIC, and GFG's Trust Preferred Holders, and in May 2011, a plan of liquidation for GFG and its affiliates was confirmed resolving claims against the debtors in excess of $2.4 billion.

Forrest City Grocery Co. in its Sale to Core-Mark Holding Company, Inc.
Represented Forrest City Grocery Co. (FCGC), a food industry wholesale distributor, in its sale to Core-Mark Holding Company, Inc. (Core-Mark), a marketer of fresh and broad-line supply solutions to the convenience retail industry, via an all-cash merger pursuant to which FCGC became a wholly-owned, indirect subsidiary of Core-Mark.

U.S. Treasury Department
Representation of the U.S. Treasury Department in connection with the restructurings and bankruptcies of participants in the U.S. auto industry.

Jiffy Lube Franchisee Heartland Automotive
Represented Jiffy Lube International, Inc. in the Chapter 11 proceedings of its largest franchisee, Heartland Automotive Holdings, Inc., in Fort Worth, Texas. The debtor operates over 400 franchised Jiffy Lube service centers across the nation, raising complex issues regarding franchise agreements, non-residential real property leases, and franchisee relations.

Debtor Representation - Mirant Corporation
Represented Mirant Corporation and certain of its direct and indirect subsidiaries in their Chapter 11 cases in Fort Worth. Mirant was an international company whose core business is the production and sale of electricity and electrical capacity. The Mirant Corporation bankruptcy is the largest bankruptcy case ever filed in Texas.

Bombay Company
Represented Bombay Company, a major national and international home furnishings retailer in efforts to raise capital to continue as a going concern and then in its efforts in Chapter 11 to implement an orderly liquidation of the company’s assets. The Canadian assets were sold as a going concern. U.S. and other international assets were liquidated yielding a full recovery to Bombay’s secured and an approximately 25%-30% recovery to Bombay’s unsecured creditors.

American LaFrance Corporation
Represented American LaFrance in its Chapter 11 case in Delaware. The case involved the re-negotiation of substantial vendor and lessor relationships and resulted in American LaFrance's successful reorganization.

Memberships

  • State Bar of Texas
  • American Bankruptcy Institute
  • American Bar Association
  • President, Board of Directors - CASA of Tarrant County

Online Publications

09/20/2011 - Weathering the Storm: Living Will Requirement under Dodd-Frank
On September 13, 2011, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) unanimously approved a final rule implementing Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Rule”). The Dodd-Frank Rule requires (i) bank holding companies with $50 billion or more in assets and (ii) nonbank financial institutions, such as insurance companies and investment banks that are designated as “systemic” by the Financial Stability Oversight Council to create and submit “living wills.”

08/25/2011 - Law360 Guest Column: Case Study - In Re Village At Camp Bowie
Law360, New York (August 25, 2011) -- Bankruptcy Judge Michael Lynn of the Northern District of Texas recently issued a noteworthy opinion in In re Village at Camp Bowie I LP that addresses two important Chapter 11 confirmation issues.

08/11/2011 - Weathering the Storm: Bankruptcy Court Permits Minimal Artificial Impairment and Applies Investment Band Approach to Determine the Cram-Down Rate Under Till
Bankruptcy Judge Michael Lynn of the Northern District of Texas recently issued a noteworthy opinion in In re Village at Camp Bowie I, L.P. that addresses two important Chapter 11 confirmation issues.

06/02/2011 - A Beginner's Guide to Selling Out: Selected Strategies to Maximize Return on Distressed Collateral
Generally, a secured lender faced with a defaulting borrower must move quickly to maximize the value of its collateral. One option available to the secured lender is simply to foreclose on its lien and sell the collateral at a foreclosure sale.

06/03/2010 - Lessons Learned From Jerry Jones: Consider a Receiver for Your First Round Pick
In today’s distressed economy, secured creditors are continually faced with the situation in which a borrower is unable to meet its payment obligations, and the value of the underlying collateral is less than the amount owed. Upon the borrower’s default, the secured creditor must quickly evaluate the situation and decide which remedy allows the creditor to enforce its security interest efficiently and maximize its return on collateral.

02/11/2009 - Weathering the Storm: Doing Business with Struggling Customers
When customers begin struggling with liquidity issues or file for bankruptcy protection, you can continue to conduct business with them. You must simply be cautious and prudent in your dealings.

08/05/2003 - Ocean-Front Property in Montana and Other Shrewd Purchases
Sales of Assets in Bankruptcy Pursuant to Section 363

01/23/2003 - The Perfection of Liens in Unregistered Copyrights: Aerocon and Beyond
Bankruptcy and the UCC: Points of Intersection and Conflict, Oklahoma City University School of Law

06/05/2002 - I Just Called...To Say... I'm Bankrupt: Telecommunication and IP Issues in Bankruptcy
Dallas Bar Association Bankruptcy Section

05/30/2001 - Licensed to Kill: A Tale of Contract Termination with Extreme Prejudice, Lapses in Security and...
University of Texas School of Law - 14th Annual Computer Law Conference

03/22/2001 - Recent Developments in Commercial and Consumer Cases
Southeastern Bankruptcy Law Institute