Bankruptcy and Creditor Rights

Our practice includes a wide range of commercial bankruptcy cases, including both reorganizations and liquidations.  We have experience representing both secured and unsecured creditors, landlords and tenants, bankruptcy trustees, and official creditor committees.

Our practice also includes representation of individual and corporate debtors in complex reorganizations, including substantial experience in real estate reorganizations.

A significant part of our practice is representing financial institutions and other lenders when bankruptcy stays enforcement of their rights.  Our attorneys have extensive experience navigating the bankruptcy process to protect collateral and enforce our clients’ security interests.  We have argued cases for secured creditors in both the Texas Supreme Court and the United States Supreme Court.

Businesses that are not creditors find themselves brought into the bankruptcy process when they are sued for recovery of preferences or fraudulent transfers.  Defending bankruptcy claims is therefore an important part of our practice.  Our clients often find valuable opportunities to purchase assets from a bankruptcy trustee or debtor in reorganization.  The acquisition process can move quickly and requires a broad range of expertise, which we meet with a team experienced in corporate and real estate transactions as well as the bankruptcy process.  

Our bankruptcy practice also includes planning and litigation in anticipation of bankruptcy – or as an alternative to bankruptcy.  We represent judgment creditors in post-judgment matters such as the creation and foreclosure of judgment liens, issuance of writs of execution and garnishment, fraudulent conveyance actions, turnover proceedings, and post-judgment depositions.  Our attorneys are also experienced in the domestication and collection of foreign judgments, and the enforcement of the judgments of Texas in the courts of other states.  We also represent court-appointed receivers.

  • H. Miles Cohn
  • Peter C. Smart
  • Michelle V. Friery
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    Principal Office : Houston Office - Five Houston Center, 17th Floor - 1401 McKinney, Suite 1700 - Houston, Texas 77010 - Phone: 713.658.2323
    The Woodlands Office (by appt only) - 1095 Evergreen Circle, Suite 200 - The Woodlands, Texas 77380 - Phone: 713.752.8686

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