Main Practice Contacts

Robert D. Albergotti
+1 214.651.5613


Robin E. Phelan
+1 214.651.5612


Charles A. Beckham, Jr.
+1 713.547.2243


Kenric D. Kattner
+1 713.547.2518


Judith Elkin
+1 212.659.4968


Lenard M. Parkins
+1 212.659.4966


Stephen M. Pezanosky
+1 817.347.6601


In the News

Judith Elkin in Law360: Global And Domestic Hurdles May Rattle Auto Parts Sector

Auto parts maker bankruptcies have largely dwindled since the 2009 industry crisis, but experts say that growing global competition and long-standing pension obligations could lead to a shake-up in the parts manufacturing sector. >>



Recent Publications

Weathering the Storm: Fisker Delivers a "Buyer Beware" Warning to Lenders and Purchasers of Secured Claims Seeking to Credit Bid

On January 17, 2014 the Bankruptcy Court for the District of Delaware issued a ruling in Fisker Automotive Holdings, Inc., et. al., Case No. 13-13087 (KG), which highlights potential risks to both secured creditors and purchasers of claims in bankruptcy section 363 sales. >>

Weathering the Storm: Buyer Beware: Third Circuit’s Decision in In re KB Toys Highlights Potential Pitfalls for Purchasers of Claims from Claimants with Preference or Other Avoidance Exposure

In In re KB Toys, a recent decision by the Third Circuit Court of Appeals, the Court held that a claim that is disallowable under § 502(d) if held by the original claimant is also disallowable in the hands of a purchaser or subsequent transferee. >>

Private Equity Investment Funds can now have Pension Liability for the Obligations of Portfolio Companies

On July 24, 2013 the First Circuit Court of Appeals, applying an “investment plus” test, concluded that a Sun Capital private equity investment fund was engaged in a “trade or business” for purposes of determining whether the fund could be jointly and severally liable under ERISA for the unfunded pension withdrawal liability of the portfolio company. >>





Bankruptcy and Business Restructuring

Read our "Weathering the Storm" Briefings

Haynes and Boone, LLP is globally recognized for its experience in bankruptcy and business restructuring. The firm is ranked as a leading United States bankruptcy firm, according to the 2012 issues of both Chambers USA: America’s Leading Business Lawyers and Chambers Global: The World’s Leading Lawyers for Business. These rankings are based on national and global surveys of business clients and their lawyers.

Our firm claims one of the largest and most experienced business reorganization practice groups in the U.S. We have 26 full-time bankruptcy and business restructuring lawyers, four paralegals, and other experienced support staff. The success of our New York practice is evident by the fact that our bankruptcy practice group in New York, with ten lawyers, is growing faster than anywhere else in the country. Our bankruptcy partners and counsel have, on average, more than of 25 years of experience.

Our size and depth of experience, coupled with the resources of our full-service firm of more than 500 lawyers with concentration in every area of the law, make Haynes and Boone one of a handful of firms in the country that is fully equipped to handle the largest and most complex workout and Chapter 11 reorganization cases.

Haynes and Boone lawyers are currently (or recently concluded) leading the representation of major constituencies in cases of nationwide significance, including:

  • Adelphia Communications Corporation
  • American LaFrance, LLC
  • Arrow Air, Inc. and Arrow Air Holdings, Corp.
  • ASARCO LLC
  • ATA Airlines, Inc.
  • Bosque Power Company, LLC
  • Charter Communications, Inc.
  • Chemtura Corporation
  • Cornerstone E&P Company, LP
  • Crescent Resources, LLC
  • Delphi Corporation
  • Enron Corporation
  • Extended Stay America Inc.
  • Fedders North America, Inc.
  • FX Luxury Las Vegas I, LLC
  • General Growth Properties, Inc.
  • Guaranty Financial Group Inc.
  • Idearc Inc.
  • Innkeepers USA Trust
  • JHT Holdings, Inc.
  • Latham International, Inc.
  • Lehman Brothers Holdings
  • Lyondell Chemical Company
  • Magna Entertainment
  • Marcal Paper Mills, Inc.
  • Mexicana
  • Millennium Digital Media (Broadstripe)
  • Mirant Corporation
  • Palm Energy Partners/Pisces Energy LLC
  • Pilgrim’s Pride Corporation
  • SemCrude, LP
  • Spectrum Brands, Inc.
  • Tekoil & Gas Corporation
  • The Bombay Company
  • The Penn Traffic Company
  • WCI Communities, Inc.
  • Wellman, Inc.

Considerable Bankruptcy and Restructuring Experience

For more than 30 years, our lawyers have had a broad range of roles in bankruptcy and business restructuring. We have:

  • advised boards of directors of distressed and failing companies,
  • served as debtor’s counsel, creditors’ committee counsel, and as counsel to senior debt holders, portfolio companies, subordinated debt holders, ad hoc groups of creditors and equity security holders,
  • served as operating and liquidation trustees,
  • represented key suppliers, landlords and tenants of distressed retail and manufacturing companies,
  • have handled cases in New York, Delaware and other venues in the U.S.,
  • represented banks as agents for syndicates, both secured and unsecured,
  • represented parties with significant disputed claims against debtors in bankruptcy and we have defended clients against whom bankruptcy trustees and creditors have asserted significant litigation claims, and
  • successfully handled complex litigation in bankruptcy and federal district courts.

Because of our diversity of perspective and experience, it is unlikely that our team will encounter situations for which they do not have analogous experience. Having worked on cases from every side of the docket enables our lawyers to assess a client’s particular facts and circumstances, to quickly recommend alternative courses of action and to provide reasoned and well-grounded assessment of the likely success of such alternative courses. Most importantly, our experience translates into bringing value to our clients and counsel that is reliable and working at all times in your best interests.

Experience Across Many Industries

Our firm’s clients come from virtually every industry and include more than 100 Fortune 500 companies, many major foreign companies, and large financial institutions. This give us the broad perspective necessary to successfully represent classes of creditors comprised of companies from a variety of industries and sectors. The industries from which our bankruptcy clients come include:

  • Automotive
  • Aviation and Airline
  • Communications
  • Construction
  • Energy and Utilities
  • Gaming
  • Government Contracting
  • Home Building
  • Finance
  • Food Distribution
  • Franchise
  • Healthcare
  • Hospitality and Lodging
  • Insurance
  • Manufacturing
  • Media
  • Pharmaceuticals
  • Real Estate
  • Retail
  • Sports and Entertainment
  • Telecommunications
  • Technology

Our Teamwork Equals Value To Clients

Haynes and Boone’s bankruptcy and business restructuring practice and lawyers exemplify the principles of trust and teamwork on which our firm was founded. We insist that our workplace remain constructive, not destructive, collaborative, not combative. As a result, our firm’s culture is starkly different from many others, where lawyers are over-focused on profits per partner and personal triumphs at partners’ and co-workers’ expense.

At some other law firms, clients “belong” to individual partners. At Haynes and Boone, lawyers do not own client relationships, and lawyers at our firm are not rewarded for hoarding work. Instead, our firm’s clients get the services of the right lawyers for their needs, no matter who those lawyers are or where they are located.

Our bankruptcy practice is extraordinarily cohesive. Its two most senior partners have practiced together continuously since 1981. Two other partners started their careers with the firm in the early 1980s and have been with us for more than 25 years. We have recruited young lawyers very selectively and trained them very carefully. Many of our partners and most of our associates have been with our bankruptcy team their entire careers. All of us are equally comfortable representing our clients whether it is in the conference room or the courtroom.

Far from finding teamwork old-fashioned, we find it a modern necessity in today’s marketplace, where working relationships may be long-distance or virtual. Our teamwork skills are essential to our clients’ and our own success.

We Know How to Lead

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 lead you through these difficult circumstances.