$250 Million Senior Secured Credit Facility
Represented E&P company as borrower under a $250 million credit facility entered into in connection with the company's refinancing of existing indebtedness and recapitalization.
Bosque Power Company, LLC
Representation of Prepetition Agent and Working Group of Lenders in the 2010 Chapter 11 of Bosque Power Co LLC and its affiliates. The Texas-based electricity generation company borrowed approximately $410 million in January 2008 in part to fund a conversion of two of its combustion turbines. The Prepetition Agent and the Working Group of Lenders terminated the exclusivity period and confirmed a plan of reorganization in the fall of 2010.
Kaiser-Francis Oil Co. v. State of Oklahoma ex rel. Commissioners of the Land Office, 294 Fed. Appx. 900 (5th Cir. 2008)
Persuaded Fifth Circuit to affirm bankruptcy court's dismissal of adversary proceeding, in which we successfully established that our client's oil and gas claims had not been discharged through a prior bankruptcy plan.
Has represented large operating companies and business enterprises such as Pisces Energy, LLC, Tri-Union Development, Inc., Coral Petroleum, Inc., United Refining, Inc., Great Western Coal Company in Chapter 11 reorganization cases.
Representation of Tort Claimants Committee - Dow Corning
Representation of the tort claimants committee representing individual claimants who sustained injuries attributable to breast implants and other medical implant devices. This historic Chapter 11 case was filed in Michigan and involved myriad novel issues. Litigation in the case included issues relating to (i) the jurisdiction and venue for resolution of mass tort claims, (ii) the estimation of tort claims, issues regarding the applicability of the bar date to both domestic and international mass tort claimants, and (iii) whether the bar date applied to affect the rights of unborn claimants, and of claimants who might manifest injuries in the future. In addition to issues relating to the intersection of bankruptcy and tort law, myriad other issues arose and were addressed in the bankruptcy case, including those regarding the impact of mass tort claims on the rights of commercial claims, and issues raised concerning the treatment of the claims and whether non-debtor parties could obtain relief under a bankruptcy discharge, or protection from direct and third-party claims. After confirmation of the plan, there were numerous appeals to the confirmation order, and further litigation addressing the resolution of issues regarding late claims, claims by the United States arising under various benefit programs which sought subrogation and reimbursement of costs, and claims for substantial contribution payments by participants in the bankruptcy case. Reported decisions include:
Creditors Rights Issues
- In re Dow Corning Corp., 142 F.3d 433 (6th Cir. 1998)
- In re Dow Corning Corp., 250 B.R. 298 (Bankr. E.D. Mich. 2000)
- In re Dow Corning Corp., 113 F.3d 566 (6th Cir. 1997)
- In re Dow Corning Corp., 212 B.R. 258 (E.D. Mich 1997)
- In re Dow Corning Corp., 215 B.R. 526 (Bankr. E.D. Mich. 1997)
Significant individual creditors and parties in interest in cases such as Armstrong Industries, GAF Corp., Pittsburgh Corning Corp. and Washington BanCorporation.
Representation of plaintiffs or defendants in fraudulent transfer, preference and other Chapter 5 causes of action and the litigation of claims and rights in bankruptcy cases and adversary proceedings.
Bankruptcy Case - Gas and Liquid Transportation Company
Restructuring of corporate group based on large acquisition and desire to restructure business lines which addressed and strategically accounted for mass tort liability claims asserted against certain subsidiaries and analyzing their impact.
Contempt and Sanctions Actions
Representation of aggrieved parties in addressing matters arising out of violation of court orders and assertion of claims lacking basis or foundation.
Complex Commercial Litigation
Representation of parties in complex commercial litigation matters involving various business related claims such as antitrust, usury, suits for accounting, shareholder oppression, usurpation of corporate opportunity and related matters.
Custom Forest Prod., Ltd., Case No. 06-50059, W.D. Tex.
Representation of the Liquidating Plan Trustee in pursuit of preference claims and as counsel concerning issues arising in the prosecution by special litigation counsel of noncore fraudulent transfer and business tort claims incident to the failure of the business.
Representation of parties in traditional debt and account collection matters and of judgment creditors in obtaining payment of court and arbitration awards.
Represented bankrupt oil and gas working interest owner in dispute over non-consent penalties for proposed oil and gas operations and obtained favorable settlement.
Representation of business entities in addressing litigation claims and issues which may affect its operations and assisting in development of strategies for responding to these types of claims and contingencies.
Tri-Union Development Corporation - Chapter 11
Representation of an operating oil and gas exploration debtor company in reorganizing its secured, unsecured and governmental obligations associated with the operation of onshore and offshore oil and gas properties. Included in the representation was an analysis of hedged positions for the sale of physical oil and gas production in a rising market, the restructuring of significant second lien secured bond indebtedness held under trust indenture, and the negotiation and resolution of substantial onshore and offshore plugging and abandonment and environmental obligations owed to state and federal authorities. Included in the proceeding was litigation over payment of royalty claims, litigation concerning the design and resolution of decommissioning obligations for offshore platforms and wells, and litigation with co-owners and other parties in interest over continuation of oil and gas leases and farm out agreements. Reported decision in the case addressing satisfaction of offshore well obligations: In re Tri-Union Dev. Corp.,
314 B.R. 611 (Bankr. S.D. Tex. 2004) and In re Tri-Union Dev. Corp.,
349 B.R. 145 (Bankr. S.D. Tex. 2006)
Business Contract and Commercial Torts
Representation of plaintiffs or defendants in federal and state court on contract, lender liability and commercial business tort claims.
Official Committee Representation
Official Creditors' Committees in significant corporate bankruptcy cases such as Dow Corning Corporation, Sakowitz, Inc. and others, wherein contested matters and creditors rights issues predominate.
Representation of receivers or other parties in interest in connection with state or federal receiverships of business entities.