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Hugh Massey Ray III

Hugh Ray’s Legal Cases

9 total

  • Bilstat v. Family Express (In re Bilstat), 314 B.R. 603 (Bankr. S.D. Tex. 2004)

    Practice Area:
    Chapter 11 Bankruptcy
    Date:
    Jul 29, 2004
    Outcome:
    Won summary judgment
    Description:
    Precedent-setting case on preference defense. Obtained dismissal based on summary judgment filed before the answer. Summary judgment was granted based on judicial estoppel. The Debtor made statements about preferences that bound the Trustee. The Debtor failed to properly preserve preference claims in the plan of reorganization.
  • Cage v. Wyo-Ben, et. al. (In re Ramba, Inc.), 437 F.3d 457 (5th Cir. 2006)

    Practice Area:
    Chapter 7 Bankruptcy
    Date:
    Jan 01, 2006
    Outcome:
    Won trial and appeal
    Description:
    Plaintiff sued trade vendors who had received payments from a secured lender "on account of" a debtor who filed chapter 7 within 90 days after the transfer. The Chapter 7 Trustee file suit against over 120 different parties. Counsel successfully coordinated a defense group of several preference defendants, obtained a stay of all discovery, won summary judgment, and defended the appeal. The appeal was argued at oral argument by Edward L. Rothberg.
  • Tile Outlet and JPMorgan Chase Bank, N.A. v. Official Committee of Unsecured Creditors, 2006 U.S. Dist. LEXIS 44130 S.D. Tex.

    Practice Area:
    Chapter 11 Bankruptcy
    Date:
    Aug 09, 2006
    Outcome:
    Won appeal
    Description:
    Defeated interlocutory appeal of order granting the committee standing to sue insiders of Debtor. Debtor shut down and converted to Chapter 7 immediately afterwards.
  • Tow v. Rafizadeh (In re Cyrus II P'ship), 2007 Bankr. LEXIS 3898 (Bankr. D. Tex. 2007)

    Practice Area:
    Chapter 7 Bankruptcy
    Date:
    Nov 17, 2007
    Outcome:
    Won Dismissal with Prejudice
    Description:
    Complex multi-party case. Defendant was dismissed with prejudice from suit against strenuous objections from Plaintiffs
  • ORIX Capital Mkts., L.L.C. v. Rafizadeh (In re Cyrus II P'ship), 358 B.R. 311 (Bankr. D. Tex. 2007)

    Practice Area:
    Chapter 7 Bankruptcy
    Date:
    Jan 04, 2007
    Outcome:
    Dismissal of Suit
    Description:
    Plaintiff was sanctioned over $13,000 for discovery abuse and subsequently voluntarily dismissed the suit with the stipulation that the Defendant also receive her Chapter 7 discharge, Plaintiff also stipulated that it was barred from pursuing the Defendant further based on limitations. With that result, the Court found no harm could come to Defendant, so she was denied standing to independantly pursue her counterclaim against the Plaintiff.
  • Shah v. Havis

    Practice Area:
    Bankruptcy & Debt
    Date:
    Oct 13, 2006
    Outcome:
    Won
    Description:
    Won dismissal of multiple adversary proceedings and sanctioned opposing counsel in excess of $12,000 for frivolous pleading. Opposing counsel appealed determination case was frivolous and lost.
  • In re Golden Oil Co.

    Practice Area:
    Chapter 11 Bankruptcy
    Date:
    Mar 27, 2007
    Outcome:
    Creditor's Appeal Denied
    Description:
    In dispute between creditor and debtor over the terms of a settlement documented in the plan of reorganization, the Debtor wonsubstantial concessions and the creditor demanded legal fees. Both sides appealed. Both lost. The creditor sought legal fees for "breach" of the compromise, which were denied. The case set precedent because it holds that a plan is interpreted "like" a contract, but a plan of reorganization is not a contract for statutory breach of contract remedies. The Debtor considered the appeal a victory as it was not required to pay over $150,000 in legal fees. The Creditor subsequently appealed to the Fifth Circuit court of appeals.
  • Energen Resources v. Golden Oil Co.

    Practice Area:
    Chapter 11 Bankruptcy
    Date:
    Jan 24, 2008
    Outcome:
    Won Appeal
    Description:
    This was an appeal of a compromise embodied in a Chapter 11 Plan. The issues on appeal were whether Energen was entitled to legal fees and whether the Trial Judge correctly interpreted the comromise to include a "satisfaction to the reasonable person" standard. Energen's appeal was denied in the District Court. Energen appealed to this Court. The Opinion upheld the decisions of the lower courts and stated that 1) Energen was not entitled to legal fees because there was no breach of settlement, 2) The trial court correctly ruled for Golden by requiring that an objective "reasonableness" standard be implied in any contract that included a clause that something be done "to the satisfaction" of one party..
  • In re: Particle Drilling Technologies, Inc.

    Practice Area:
    Chapter 11 Bankruptcy
    Date:
    Aug 03, 2009
    Outcome:
    Sucessfully Sold Patents Free of Royalty Claims
    Description:
    Trial counsel for publicly-traded oilfield technology company in sale of patents free and clear of $300 Million in filed royalty claims. Lead trial counsel successfully winning "cram-down" plan of reorganization to convey the patents without royalty claims.