Anti-Lothian Bankruptcy Fraud Committee v. Lothian Oil, Inc., 508 Fed. App'x 352 (5th Cir. 2013)
Represented a group of Chapter 11 debtors in a post-confirmation challenge to the debtors' plan of reorganization and a related claim for disgorgement of fees paid to the debtors' professionals. Successfully defended the plan and professional payments against claims of fraud and professional negligence and obtained complete appellate victories in the U.S. District Court for the Western District of Texas and U.S. Court of Appeals for the Fifth Circuit.
Anti-Lothian Bankruptcy Fraud Committee v. Lothian Oil, Inc., 531 Fed. App'x 428 (5th Cir. 2013)
Represented a group of Chapter 11 debtors in a post-confirmation challenge to the debtors' plan of reorganization brought in New York state court. Quickly obtained a bankruptcy-court injunction of the state-court litigation, removed the matter to federal court, and obtained a transfer of venue to the U.S. Bankruptcy Court for the Western District of Texas. Successfully prosecuted claims for more than $2 million in bankruptcy-court sanctions against plaintiffs and plaintiffs' counsel related to their violation of the bankruptcy-court injunction and obtained a complete reinstatement of the bankruptcy-court injunction and sanctions in the U.S. Court of Appeals for the Fifth Circuit following a partial reversal by the U.S. District Court for the Western District of Texas.
ASARCO, L.L.C. v. Barclays Capital, Inc., 702 F.3d 250 (5th Cir. 2012)
Successfully represented an international copper mining company in Fifth Circuit appeal challenging multi-million bonus claim of debtor's financial advisor.
Asset Purchase Bid
Represented Villacero Group, a large Mexican conglomerate headquartered in Monterrey, Mexico, in its bid to purchase assets of several Vitro subsidiaries in Chapter 11 proceedings in Dallas, Texas.
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 7 Bankruptcy Proceeding
Represented Jose Maria Xacur in his 12-year struggle to obtain dismissal of an involuntary Chapter 7 proceeding instituted against Sr. Xacur, a Mexican citizen, by seven Mexican banks in Houston, Texas. Senor Xacur was able to resolved hundreds of millions of dollars of liability related to dollar-dominated debt incurred prior to the peso devaluation in the 1990s. the Chapter 7 proceeding was pending for more than 12 years in Houston, Texas, after numerous unsuccessful attempts by the Chapter 7 Trustee to enforce remedies in Mexico.
Grossman v. Lothian Oil Incorporated (In re Lothian Oil, Inc.), 650 F.3d. 539 (5th Cir. 2011)
In a case of first impression, persuaded the Fifth Circuit to reverse the district court's finding that a non-insider creditor's claims could not be recharacterized as equity, and instead affirm the bankruptcy court's recharacterization decision.
Representation of one of three petitioning creditors who were members of a bank group owed approximately $328 million (in principal) by a Nevada real estate development, South Edge.
Representation of think3 Inc., a global leader in the computer-aided design (CAD) and product lifecycle management (PLM) software market, in its Chapter 11 bankruptcy case. The Austin, Texas-based company operated internationally through six subsidiaries.