In the News

Haynes and Boone Attorneys Widely Recognized by Texas Super Lawyers

DALLAS – Texas Super Lawyers recognized 89 Haynes and Boone, LLP attorneys in its 2012 award listings. >>



Recent Publications

Weathering the Storm: No Safe Harbor for You Because Distributing the Proceeds of a Sale of Securities Isn't "In Connection With" a Securities Contract According to Grede v. FCStone

On January 4, 2013, the United States District Court for the Northern District of Illinois, Eastern Division (the “District Court”) issued a Memorandum Opinion and Order that seems demonstrably at odds with the majority of cases analyzing the § 546(e) safe harbor provision. >>



Mark X. Mullin

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5539
F +1 214.200.0695

Áreas de Practica

Educación

  • J.D., St. Mary's University, 1986, Editor, St. Mary's Law Journal
  • B.S.B.A., Accounting , Creighton University, 1979

Bar Admissions

  • Texas, 1986

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • 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
Mark X. Mullin

Mark Mullin has extensive experience in all aspects of bankruptcy, insolvency and creditor's rights matters including out of court workout and commercial litigation matters. Prior to attending law school, Mr. Mullin held CPA licenses in Nebraska and Texas, and worked with one of the Big 4 Accounting firms. Mr. Mullin's recent experience includes:

  • Represented the Official Committee of Unsecured Creditors in the Ultimate Electronics, et al Chapter 11 cases in Delaware. Ultimate Electronics was a leading specialty retailer of high-end home entertainment and consumer electronics with sixty-five stores in fourteen states.
  • Represented Prime Succession, Inc. and its 47 related debtors in their Chapter 11 cases in Ft. Lauderdale. Prime was the nation’s fifth largest operator of funeral homes and cemeteries. The cases concluded with a sale of all of Prime’s assets and a confirmed plan of liquidation.
  • Represented Amresco, Inc. and its subsidiaries in Chapter 11 proceedings in Dallas. Amresco, by and through its subsidiaries, was a small and middle market business lending company, making loans to franchisees of nationally recognized restaurant, hospitality, service organizations, and small business owners.
  • Represented approximately eighty-five percent of the senior secured credit facility lenders in the approximate amount of $370 million and one hundred percent of the senior subordinate unsecured notes in the approximate amount of $54 against Texas-based Home Interiors & Gifts, Inc. pending in the United States Bankruptcy Court for the Northern District of Texas.
  • Represents the secured lenders that are owed approximately $70 million in the Chapter 11 cases of Moll Holdings, Inc. and its foreign and domestic subsidiaries - a plastics injection molding company, pending in the United States Bankruptcy Court for the District of Delaware.
  • Represents the secured lenders that are owed approximately $165 million in the Chapter 11 cases of NexPak Holdings, Inc. and its foreign and domestic subsidiaries filed in the United States Bankruptcy Court for the District of Delaware.
  • Represented Airbase Services, Inc., a leading independent provider of outsourced maintenance repair and overhaul services for non-flight critical onboard equipment to airlines of all sizes in the United States, Canada, and the United Kingdom, in its bankruptcy case filed in the United States Bankruptcy Court for the Northern District of Texas.
  • Represented a former Malcolm Baldridge National Quality Award winner in its bankruptcy case resulting in a confirmed a plan of reorganization.
  • Represented Unsecured Creditors' Committee in a bankruptcy reorganization of a large window manufacturing company resulting in a confirmed plan of reorganization.
  • Represented a Bankruptcy Trustee in resolving years of complex litigation that had previously spawned over sixty appeals. Such representation also resulted in obtaining judgments and/or settlements for the Bankruptcy estate of several million dollars.
  • Represented a Bankruptcy Trustee in selling all the business operations and assets of a publicly traded, world wide operator and franchisor of entertainment centers. Such representation resulted in obtaining settlements and recoveries of several million dollars for the Bankruptcy estate for its causes of action against the company's former officers, directors and other professionals.
  • Represented and currently represents several clients, in unrelated bankruptcy cases, seeking to purchase assets out of bankruptcy estates pursuant to both sales pursuant to Section 363 of the Bankruptcy Code as well as sales pursuant to plans of reorganization.

Honors

  • Recognized as a Texas Super Lawyer - Bankruptcy & Creditor/Debtor Rights, 2012
  • Selected by the Hon. John C. Ford American Inn of Court as its 2010 selection into The Honorary Serjeant's Inn for the Dallas-Ft. Worth American Inns of Court.
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Professional Leadership

  • Master, Charter Member, Past President and current Executive Committee Member of the Honorable John C. Ford American Inn of Court
  • Current Education Director of the Secured Credit Committee of the American Bankruptcy Institute
  • Past President of the Dallas Bar Association – Bankruptcy Section

Recent Publications

  • "Just 'Cuz You Say So Don't Make it Evidence" – The Preparation and Presentation of Evidence Through Witnesses
  • I'll Make You an Offer You Can't Refuse - Coercive Plan Tactics
  • From Dust to Dust - The Strategy of a Real Estate Reorganization
  • Looking for Lifeboats on the Sinking Partnership
  • How Much Is That Doggie In The Window: Valuation Issues In Bankruptcy
  • Confirmation Issues In A Real Estate Bankruptcy Case
  • You Need a Going Concern Valuation of a Haitian Company that Manufactures Baseballs for the Major Leagues, No Problem!
  • Contributing Co-Author, All Creditors are Pigs but in the United States Some Pigs are More Equal than Others - United States Priorities
  • Your Case or Mine? Real Parties In Interest In Partnership and Franchise Bankruptcies
  • You Can Plan On It: An Overview of Priorities, Disclosure Statements, Plan Provisions and Cram-Down

Selected Representative Experience


Gulfstream Crane, LLC Chapter 11
Representation of private equity firm in the Chapter 11 case Gulfstream Crane, LLC in the Southern District of Florida. The private equity firm, through a wholly owned subsidiary, acquired Gulfstream’s business and certain principle assets as the plan sponsor of Gulfstream’s plan of reorganization for consideration of approximately $40 million. Confirmation of the plan was difficult and complex. Gulfstream’s secured debt exceeded $80 million and was held by twelve different purchase money secured lenders that each held purchase money secured liens on specific Gulfstream cranes and other equipment. The firm assisted the private equity firm in its negotiations with Gulfstream, the twelve secured creditors, and the committee to acquire the necessary support to confirm the plan over the objections to confirmation lodged by the opposing members.

Debtor in Possession Representation - Airbase Services
Represented the Debtor, a leading independent provider of outsourced maintenance repair and overhaul services for non-flight critical onboard equipment to airlines of all sizes in the United States, Canada, and the United Kingdom.

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

Chapter 11 for Entertainment Company
Represented the trustee in connection with the liquidation of this international operator and franchisor of entertainment centers. The case involved extensive tracing of assets in foreign jurisdictions and significant litigation against accountants, officers and directors. There were numerous appeals and the case took nearly 10 years to complete.

Debt Restructure and Collections
Represented Southwest Savings Association, Bonnet Resources, Amresco, and Sunbelt Savings Association in connection with the collection of hundreds of loans including, real property foreclosures, personal property foreclosures, litigation, demands for payment, restructurings, and bankruptcies. These loans covered all industries and involved many novel factual and legal issues.

Bankruptcy Case - Retail
Represented the largest secured and unsecured creditors in the bankruptcy cases of one of North America's and Mexico's leading retail home decor companies.

Bankruptcy Case - Real Estate Company
We served as the trustee for and counsel for the trustee in the bankruptcy of this real estate development firm that had in excess of $50 million in real estate holdings in five states.

CrossPoint Energy Company
Represented oil and gas production and exploration company and its subsidiaries in their Chapter 11 proceedings in Dallas, Texas. Obtained confirmation of a plan of reorganization for the debtor.

Camp Cooley, Ltd.
Representation of lender in the complex Chapter 11 case Camp Cooley, Ltd in the Western District of Texas. The case required the firm to litigate disputed complex issues involving producing and nonproducing minerals, federal and state wetlands and mitigation banking regulations, surface and underground water regulations, timber rights, and operations and valuation disputes involving Camp Cooley’s cattle, genetics, and hay production operations. The lender’s claim against Camp Cooley exceeded $25 million secured by Camp Cooley’s real estate and minerals assets. After a six-day confirmation trial, the firm successfully blocked confirmation of Camp Cooley's proposed plan of reorganization over the lender's objection. Thereafter, the firm negotiated a global settlement on behalf of the lender with Camp Cooley and a second secured creditor that provided for the orderly liquidation of the Camp Cooley assets through a Section 363 sale process.

Moll Industries, Inc.
Representation of the agent for the secured lenders in the Chapter 11 case of this plastics injection molding company pending in Delaware, including the negotiation of the use of cash collateral and the sale of a substantial portion of the debtors' business. The lenders are owed in excess of $70 million.

Representation of Creditors’ Committee - Reliant Building Products
Represented the Creditors’ Committee in the Chapter 11 case of this manufacturer of home building products, principally windows and doors.

Nexpak, Inc.
Represent the secured lenders and DIP lenders in the Chapter 11 case of this plastic injection molding company pending in Canton, Ohio. The secured lenders and DIP lenders are owed approximately $165 million.

Memberships

  • American Bankruptcy Institute 
  • American Bar Association 
  • State Bar of Texas 
  • Dallas Bar Association (Former Chair - Bankruptcy Section) 
  • Honorable John C. Ford American Inn of Court (Master, Charter Member, Past President and current Executive Committee Member)

Online Publications

01/24/2013 - Weathering the Storm: No Safe Harbor for You Because Distributing the Proceeds of a Sale of Securities Isn't "In Connection With" a Securities Contract According to Grede v. FCStone
On January 4, 2013, the United States District Court for the Northern District of Illinois, Eastern Division (the “District Court”) issued a Memorandum Opinion and Order that seems demonstrably at odds with the majority of cases analyzing the § 546(e) safe harbor provision.

02/18/2009 - Weathering the Storm: What Do I Do if the Counterparty to My Lease Files Bankruptcy?
If the counterparty to your real property or personal property lease files bankruptcy, you should not pursue self-help remedies available in your lease agreement. Instead, you should promptly contact your bankruptcy counsel to insure that your legal rights are protected.

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.

05/02/2004 - You Can Plan On It: An Overview of Priorities, Disclosure Statements, Plan Provisions, and Cram-Down
Private Equity and Mezzanine Debt Financing, Dallas, Texas, May 2, 2003, Houston, Texas, May 9, 2003