Scott W. Everett

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5053
F +1 214.200.0612

Áreas de Practica

Educación

  • J.D., Texas Tech University School of Law, 1996, magna cum laude; Research Editor, The Texas Tech Law Review; Order of the Coif
  • B.A., University of Colorado at Denver, 1992, summa cum laude

Bar Admissions

  • Texas, 1996

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 Eastern District of Texas
  • U.S. District Court for the Western District of Texas

Judicial Clerkships

Law clerk to the Honorable Ronald B. King, United States Bankruptcy Court for the Western District of Texas, 1996 to 1998
Scott W. Everett

Scott Everett's practice is focused in the areas of business reorganization and bankruptcy. 

Mr. Everett's experience includes the following: 

  • Represents debtors, creditors, and trustees in all types of bankruptcy and insolvency proceedings, including appeals. 
  • Assists clients acquiring financially troubled businesses, including distressed oil and gas interests. 
  • Advises international and foreign corporations concerning the forms of bankruptcy relief available in the United States, including Chapter 11 reorganization or Chapter 15 ancillary and cross-border proceedings. 
  • Advises creditors and parties-in-interest in airline bankruptcy cases.

Recent Speeches

  • "The Top Ten Cases That Every Bankruptcy Practitioner Should Know (Plus Certain Additional Honorable Mentions)," The Federal Lawyer, February 2010, at 40; Speaker, Federal Bar Association (Dallas Chapter) Bankruptcy Practice Seminar

Honors

  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2005-2009)
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Selected Representative Experience


Adelphia
Represented Bank of America, as agent for $2.5 billion credit facility owed by various Adelphia entities, in Adelphia’s Chapter 11 bankruptcy case. Successfully obtained payment in cash in full for clients when cable operations were sold to Time Warner and Comcast. Continue to represent Bank in related litigation.

Agricultural Lender
Representation of a national bank in its workout and collections efforts regarding agricultural loans throughout Texas and the Southwest. We work to protect our client’s interests in all possible venues and situations involving troubled debtors, including bankruptcies, out-of-court workouts and restructurings, and state court collections litigation.

Cash Collateral for Drilling and Workovers
Represented secured creditor in several evidentiary hearings concerning the use of cash collateral for drilling and workovers during bankruptcy case. Successfully obtained multiple orders precluding the use of cash collateral for risky drilling and workovers.

Chapter 11 Debtor Representation - AMRESCO, Inc.
Represented this entity in its liquidating Chapter 11 case. AMRESCO by and through its subsidiaries was a small and middle market business lending company, making loans primarily to franchisees of nationally recognized restaurant, hospitality, and service organizations, and to small business owners.

Cornerstone E&P Company - Debtor Representation
Represented an oil and gas exploration and production company and its affiliate in their Chapter 11 proceedings in the Northern District of Texas. The court has approved a unique vendor-financing program in lieu of traditional DIP financing, which allowed Cornerstone to finish completion operations on vital wells.

Cornerstone E&P Company - Lien Priority Adversary
Defended Cornerstone in a complex adversary proceeding involving challenges to the validity and priority of mineral liens and bank liens under Texas and Oklahoma law. Following a three-day trial, negotiated a successful resolution of all issues.

Creditor Committee Representation - Enron
Represented Calyon S.A. (now known as Credit Agricole Corporate and Investment Bank), the co-chair of the Official Committee of Unsecured Creditors in Enron's epic Chapter 11 bankruptcy case.

Debtor Representation - Atlas Air Worldwide Holdings, Inc.
Completed the successful restructuring of this company’s financial affairs, including restructuring more than $2.5 billion of debt in a bankruptcy case that was completed in only six months. Significant achievements in this case included restructuring the company’s enhanced equipment trust certificates (the first time this has ever been accomplished in a Chapter 11 case), restructuring all of the company’s leveraged leases and financed aircraft, effectuating the substantial buildup of cash during Chapter 11, and effectuating a rights offering of new common stock to creditors pursuant to the Chapter 11 plan. Atlas operated in Europe, the Middle East, and Asia and the reorganization involved coordination with numerous foreign jurisdictions and regulatory authorities.

Debtor Representation - Rand Energy Company
Orderly wind-down and liquidation of Rand Energy Company’s assets, including substantial bank and trade debt and numerous property damage and tort claims resulting from a well explosion catastrophe and lien disputes from mechanics and materialmen.

Franchisor / Landlord Litigation
Representation of a national franchisor in heavily contentious litigation with a bankrupt franchisee, who was also the tenant of the franchisor under multiple lease agreements. The firm fought to protect the franchisor's rights and to defeat the franchisee's attempts to use the bankruptcy proceedings to retain its franchise agreements and leases despite assertions of serious and repeated operational violations. Ultimately, the firm obtained a favorable settlement that succeeded in removing the franchisee from the franchise system.

In the Matter of Asarco L.L.C., 401 Fed. App'x 914 (5th Cir. 2010)
Persuaded the Fifth Circuit Court of Appeals to dismiss the appeal of a $3.6 billion bankruptcy plan of reorganization, which was challenged by a competing bidder and the company's union.

Pacific Gas & Electric, In re Pacific Gas & Electric
The firm was engaged by the California State Assembly in late 2000 to advise it with respect to the financial crisis facing the incumbent electric production and service providers in California including the crisis relative to availability to electricity and rolling blackouts. The firm advised the legislature with respect to the State of California taking over financial responsibility for the purchase of electric power and later advised the legislature in connection with the bankruptcy of Pacific Gas & Electric and of the workout of the financial at Southern California Edison.

Prime Succession, Inc.
Represented this major mortuary and death care provider in its successful pre-negotiated Chapter 11 case in Fort Lauderdale, Florida.

Principal Counsel - Major Financial Company
Principal counsel to a major corporate and commercial bank as administrative agent on three credit facilities with WorldCom that totaled in excess of $6 billion.

Rule 144A Offering - Asset Securitization
Successfully represented a funding company in connection with a Rule 144A offering of fixed rate mortgage backed notes secured by notes receivable from the sale of residential resort lots.

Swaps and Other Derivative Transactions
Haynes and Boone has substantial experience in assisting clients who have swaps and other derivative transactions with failed or failing counterparties. Most recently it has assisted a major petrochemical manufacturer in assessing the applicability of the bankruptcy code derivative safe harbor provisions to various long term supply contracts with financially distressed petrochemical producers. Also, Haynes and Boone has assisted more that 20 swap and derivative counterparties in unwinding their ISDA based transactions with various U.S. and foreign affiliates of Lehman Brothers Holdings, Inc.

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.

Memberships

  • American Bankruptcy Institute
  • American Bar Association
  • Dallas Association of Young Lawyers
  • Dallas Bar Association
  • Federal Bar Association
  • INSOL International
  • John C. Ford American Inn of Court
  • State Bar of Texas
  • Turnaround Management Association

Online Publications

11/28/2012 - Weathering the Storm: Vitro’s Concurso Plan Is Theoretically Enforceable in the United States . . . But Not This Time . . . Under These Circumstances
On November 28, 2012, the United States Court of Appeals for the Fifth Circuit published an opinion affirming the bankruptcy court’s ruling that the Mexican Plan of Reorganization (the “Concurso Plan”) of the Mexican glass-manufacturing company, Vitro, S.A.B. de C.V., approved by the Federal District Court in Mexico, should not be enforced under Chapter 15 of United States Bankruptcy Code The United States Bankruptcy Court for the Northern District of Texas (the “Bankruptcy Court”) concluded that...

06/20/2012 - Weathering the Storm: Vitro’s Concurso Plan is Manifestly Contrary to Public Policy . . . at Least for Now
On June 13, 2012, the United States Bankruptcy Court for the Northern District of Texas (the “Bankruptcy Court”) published an opinion ruling on whether the Mexican Plan of Reorganization (the “Concurso Plan”) of the Mexican glass-manufacturing company, Vitro, S.A.B. de C.V., approved by the Federal District Court in Mexico, should be enforced under Chapter 15 of United States Bankruptcy Code.

05/17/2012 - Weathering the Storm: TOUSA Lives: Eleventh Circuit Reinstates Bankruptcy Court Fraudulent Transfer Decision in TOUSA Case
The pendulum has swung again in the TOUSA, Inc. case, as the Eleventh Circuit recently overturned the decision of the United States District Court for the Southern District of Florida and affirmed the 2009 bankruptcy court opinion ordering the disgorgement of $403 million plus interest from lenders to the TOUSA parent, on the theory that such transfers were fraudulent as to certain TOUSA subsidiaries (the “Conveying Subsidiaries”).

07/05/2011 - The Supreme Court Holds Unconstitutional a Key Provision of the Bankruptcy Code
On June 23, 2011, the Supreme Court handed down a 5-4 decision in the Stern v. Marshall case,1 holding that a bankruptcy court’s exercise of statutory jurisdiction was unconstitutional when it adjudicated a counterclaim relating to a purely state law cause of action.

02/15/2011 - Weathering the Storm: Good News For Lenders – District Court Reverses TOUSA Fraudulent Transfer Opinion
In a welcome bit of good news for lenders, U.S. District Court Judge Gold (Southern District of Florida) reversed the portion of the 2009 bankruptcy court decision in the TOUSA, Inc. bankruptcy cases that had ordered the disgorgement of $403 million plus interest based on the holding that the amounts were received by certain lenders to the TOUSA parent in connection with a pre-petition transaction that constituted a fraudulent transfer.

04/23/2009 - Weathering the Storm: Recent Decision Affects Setoff Under Netting Agreements
Companies that engage in multiple transactions with different entities of related groups often enter into contractual netting agreements that allow the setoff of obligations between entities within the groups. The effectiveness of these agreements has been called into question by a recent decision of a bankruptcy court in Delaware, which refused to allow a party to a contractual netting agreement to offset its obligations to the debtors against obligations of the debtors under the netting agreement. Parties to such netting agreements may have to reconsider how to structure such agreements and how to defend their effectiveness in court.

03/11/2009 - Weathering the Storm: What is a Preference Demand Letter and What Do I Do With It?
With the current economic downturn, your company may encounter the following unpleasant fact scenario: While going through the company’s mail, you find a demand from some person claiming to be a representative of one of your bankrupt customers threatening a lawsuit unless you return “preferential” payments made to you prior to the bankruptcy. The demand is very real. To eliminate or minimize your company’s potential liability, you should know what a preference demand letter is and what to do with it.

03/05/2009 - Chapter 15 of the U.S. Bankruptcy Code: New Procedures for Cross Border Insolvencies
The Bankruptcy Abuse, Prevention and Consumer Protection Act of 2005, which was signed into law in the United States on April 20, 2005 and became effective, for the most part, on October 17, 2005, creates a new chapter of the United States Bankruptcy Code (11 U.S.C. 101, et seq., as amended) (the “Bankruptcy Code”) – Chapter 15.

08/27/2008 - Court Concludes Creditors Did Not Rise to the Occasion in Half-Baked Involuntary Petition Against Argentine Bread Company

08/27/2008 - Investment Funds Beware: U.S. Government Agency Holds Investment Fund Liable for Shortfall in Pension Plan of Fund’s Portfolio Company

09/01/2007 - ‘Taint Clear: “Purchased” Claims are Not Subject to Equitable Subordination or Disallowance Based Solely on Seller’s Conduct, but Purchaser’s Knowledge of the Seller’s Conduct May Be Fatal

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.

OVER THERE
STRATEGIC CHOICES AND PITFALLS IN COLLECTING JUDGMENTS AND ENFORCING ARBITRATIONS AWARDS INTERNATIONALLY©


03/01/2005 - Leading the Foreign Corporation to a Fresh Start in the United States
PRACTICING LAW INSTITUTE 27TH ANNUAL CURRENT DEVELOPMENTS IN BANKRUPTCY AND REORGANIZATION
SPRING 2005

07/03/2002 - SNOLLYGOSTER REVISITED: DO YOU HAVE TO BE A SNOLLYGOSTER TO BE AN EFFECTIVE BANKRUPTCY LAWYER?