Houston, TX
Chapter 11 bankruptcy Lawyer at Houston, TX
Practice Areas: Chapter 11 Bankruptcy, Bankruptcy & Debt, Ethics & Professional Responsibility
OUTCOME: Sucessfully Sold Patents Free of Royalty Claims
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 reo ... rganization to convey the patents without royalty claims.
OUTCOME: Won Appeal
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..
OUTCOME: Won Dismissal with Prejudice
Complex multi-party case. Defendant was dismissed with prejudice from suit against strenuous objections from Plaintiffs
OUTCOME: Creditor's Appeal Denied
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 ap ... pealed. 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.
OUTCOME: Dismissal of Suit
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 st ... ipulated 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.
OUTCOME: Won
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.
OUTCOME: Won appeal
Defeated interlocutory appeal of order granting the committee standing to sue insiders of Debtor. Debtor shut down and converted to Chapter 7 immediately afterwards.
OUTCOME: Won trial and appeal
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.
OUTCOME: Won summary judgment
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 a ... bout preferences that bound the Trustee. The Debtor failed to properly preserve preference claims in the plan of reorganization.
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