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Trustee Representations

There are a variety of circumstances in which a trustee will replace the debtor-in-possession in a bankruptcy to ensure an equitable and maximized distribution for creditors.  These situations include the automatic institution of a trustee upon the filing of a chapter 7 bankruptcy case, the replacement of a chapter 11 debtor-in-possession with a trustee where there exists the prospect of fraud on the debtor’s creditor base or mismanagement of debtor assets, and the institution of a post-confirmation trustee after the plan of reorganization has been confirmed.  The trustee’s duties, among other things, include: (i) monitoring the debtor’s post-confirmation operations and budget; (ii) prosecution of litigation on behalf of the creditor base as proscribed by the plan of reorganization; and (iii) contestation of proofs of claim filed during the bankruptcy which may not be valid.

Our attorneys have worked with numerous chapter 7, chapter 11, and post-confirmation trustees, and have extensive experience with post-confirmation maintenance of debtors, claim objections, and prosecution of litigation under confirmed plans (including, without limitation, the prosecution of fraudulent transfers, preferences, and inappropriate transfers made by the debtor after the filing of the bankruptcy petition).

Our firm’s attorneys have been integrally involved in the following engagements involving trustee representations:

  • Lead Counsel to the Post-Confirmation Trustee for Cano Petroleum, Inc., (N.D. Tex.)
  • Lead Counsel to the Post-Confirmation Trustee for Hallwood Energy, L.P., (N.D. Tex.)
  • Lead Counsel to the Chapter 7 Trustee for H&M Oil & Gas, LLC (N.D. Tex.)
  • Lead Counsel to the Chapter 7 Trustee for M3 Technology Incorporated (S.D. Tex.)
  • Lead Counsel to the Post Confirmation Trustee for NPOT Partners I, LP
  • Counsel to the Post Confirmation Trustee for ISC Building Materials, Inc., (S.D. Tex.)