PROFESSIONAL QUALIFICATIONS

Admitted:

• Texas, 1980
• United States Court of Appeals for the Fifth Circuit, 1983
• United States District Court for the Northern District of Texas, 1981
• United States District Court for the Western District of Texas, 1987
• United States District Court for the Southern District of Texas, 1991
• United States District Court for the Eastern District of Texas, 2007
• United States District Court for the Northern District of Illinois, 2007

Board Certifications:

• Business Bankruptcy Law, Texas Board of Legal Specialization, 1988
• Business Bankruptcy Law, American Bankruptcy Board of Certification, 1992
• Consumer Bankruptcy Law, Texas Board of Legal Specialization, 1991
• Consumer Bankruptcy Law, American Bankruptcy Board of Certification, 1992

Education: Texas Tech University (B.A., 1976); University of Arkansas at Fayetteville (J.D., 1980). Member, University of Arkansas Law Review, 1979-1980.

REPRESENTATIVE EXPERIENCE

• Representation of insurance company in regard to the scope of a § 524(g) channeling injunction in asbestos litigation.
• Representation of lenders in single asset real estate company bankruptcy cases.
• Representation of insurance company in prosecuting collection of a fraud judgment in a complex Chapter 11 chiropractic company case involving multiple co-judgment defendants and debtors.
• Representation of landlords in multiple bankruptcy proceedings. Involved issues of payment of rent, assumption and rejection of leases, obtaining return of premises, and calculation of damages.
• Representation of insurance company in regard to the non-application of the “Stower’s Doctrine” (bad faith settlement doctrine) in wrongful death action for trucking company that had filed bankruptcy.
• Representation of restaurant franchisor in cases where the franchisees filed Chapter 11 bankruptcy proceedings.
• Representation of vendor in regard to continuing to furnish product and assumption/rejection of executory contract in Chapter 11 bankruptcy.
• Representation of defendant entities in non-bankruptcy proceedings and assertion of defenses of res judicata and collateral estoppel based upon failure of plaintiffs to disclose cause of action as an asset in their bankruptcy proceeding.
• Defense of attorney in a professional liability case in bankruptcy court. Defense was res judicata and collateral estoppel based on prior disgorgement action.
• Defense of attorney in professional liability case based on attorney’s alleged malfeasance in representing a debtor in a Chapter 11 proceeding.
• Representation of creditors in debtors’ serial bankruptcy filings.
• Expert witness on bankruptcy law in state court involving issues of title on asset that plaintiff/debtor failed to disclose in his bankruptcy proceeding. Case involved issues of res judicata and collateral estoppel.
• Representation of creditor in state court suit on a note and in subsequent Chapter 13 bankruptcy proceeding. Case involved fraudulent transfers and plan objection/negotiation.
• Representation of oil company in regard to collecting upon a fraud judgment against an individual who filed Chapter 11 that was subsequently converted to a case under Chapter 7. Involved issues of conversion, objection to exemptions, 2004 exams, plan confirmation, and post-conversion education of Trustee and Trustee’s counsel. Also involved objection to dischargability of debt.
• Representation of creditors in motions to convert, appoint a trustee, and/or dismiss a bankruptcy.
• Prosecution of objection to exemption of insurance annuity based on fraudulent intent to transfer non-exempt property into exempt property in the bankruptcy court.
• Prosecution of objection to exemptions in general.
• Defense of creditors in preference/fraudulent transfer litigation. Assertion of ordinary course of business and new value defenses.
• Prosecution of objection to discharge based on (a) transfers made within a year of filing bankruptcy, and (b) failure to maintain records.
• Prosecution of objection to dischargability of debt based upon embezzlement and libel.
• Representation of creditors in motions to lift stay upon real estate, homestead, equipment, inventory, and/or vehicles, etc.
• Defense of creditor in equitable subordination case.
• Prosecution of suit in federal court against guarantors of lease of tenant who filed bankruptcy.
• Representation of individuals and institutions in suits on notes.
• Post-divorce representation of ex-wife against ex-husband who filed bankruptcy in regard to collection and payment of debts arising out of the decree of divorce.
• Representation of creditors in Chapter 11 real estate cases.
• Representation of creditor in post-judgment garnishment action.
• Representation of partner in motion to dismiss Chapter 11 partnerships bankruptcy based upon lack of authority to file the same.
• Preparation of proofs of claims.
• Representation of subcontractors in regard to mechanic’s liens in and out of bankruptcy.

PROFESSIONAL AFFILIATIONS

• American Bankruptcy Institute
• Austin Bar Association; member of Board of Directors, 1991-1992
• Austin Bankruptcy Bar Association; President, 1991-1992; Board of Directors, 2008-2010

AWARDS AND HONORS

• Listed in The Best Lawyers in America® published by Woodward/White, Inc., Bankruptcy and Creditor-Debtor Rights Law, 2011
• Super Lawyer©, Bankruptcy and Creditors' /Debtors' rights, named by Law and Politics Media, Inc. and published in Texas Monthly, 2003 - 2009
• Super Lawyer©, Corporate Counsel Edition, Bankruptcy & Creditor/Debtor Rights, named by Law and Politics Media, Inc. and published in Texas Monthly, 2009, 2010
• Who's Who®
• Selection for Best Lawyers Consumer Guide, 2001
• Bar Register of Preeminent Lawyers, Martindale Hubbell®; AV® Rated
• Texas Bar Foundation Life Fellow
• Austin Bar Foundation Fellow