Bankruptcy, Restructuring, & Creditor Rights
Chamberlain Hrdlicka’s Bankruptcy, Restructuring, & Creditor Rights practice offers a nationwide reach, regularly representing corporate and high net-worth debtors and debtors-in-possession, creditors, lenders, and trustees in all types of reorganization proceedings, including both in-court and out-of-court workouts.
PRE-FILING NEGOTIATIONS AND FILING OF CHAPTER 11 REORGANIZATION CASES
Our clients include individuals, small business organizations, public companies, financial institutions, insurance companies, Court appointed trustees and receivers, and many others. We have an active practice involving advice and counseling during the pre-filing period. During the pre-bankruptcy counseling period, our reorganization attorneys explain the options, goals, and results which can be expected in chapter 11 reorganization cases. Using these explanations as one bookend, we then develop a specific pre-bankruptcy negotiation strategy to enable resolution and avoid filing, if possible. This strategy is developed and pursued on a timeline which allows adequate preparation for commencement and pursuit of reorganization cases, if necessary. In the pre-bankruptcy counseling stage, our attorneys are fully prepared to pursue all necessary litigation to protect the debtors during the pre-filing period or until final resolution if filing does not occur. Our attorneys have obtained hundreds of millions of dollars of pre-bankruptcy consensual negotiations against the backdrop of reorganization proceedings—proceedings that we have the experience and ability to file.
When pre-bankruptcy negotiations do not succeed, or cannot accomplish the necessary goals, our attorneys are fully prepared to commence chapter 11 reorganization proceedings. Our attorneys have successfully commenced and concluded chapter 11 reorganizations involving aggregate debt amounts in the hundreds of millions of dollars. These reorganizations include large land holding companies involved in timber, agricultural operations, sub-division and sale of undeveloped properties, and numerous uses. Our attorneys also have experience with reorganizing commercial development projects. These successful reorganization cases have involved commercial buildings and parks, industrial parks, urban condominium developments, resort-based condominium developments, many apartment complex projects having up to 2,000 units, significant residential sub-division developments, significant house construction and sale companies, significant hotel and motel properties, large peanut processing and exporting company, large computer software development company, destination/resort projects, and other business operations in the southeast, including Georgia, North Carolina, South Carolina, Florida, and Texas.
OTHER BANKRUPTCY RELATED WORK
We represent some of the nation's leading companies and investment firms in a wide range of bankruptcy issues, including contentious in-court and out-of-court restructurings, financing and cash collateral disputes, contested bankruptcy 363 sales, fraudulent transfer and preference litigation, breach of fiduciary duty, and similar disputes.
We represent chapter 7 debtors in matters involving significant debt, significant assets, and issues sensitive to the nature of these cases. We have handled some chapter 7 proceedings involving accumulated debt in the range of a hundred million dollars.
In Texas, Louisiana, and other areas, we regularly represent and litigate issues specific to the oil, gas, and energy industries, including the application of forward contract safe harbors in bankruptcy, royalty recharacterization issues, Bankruptcy Code § 366 "utility" issues, treatment of plugging and abandonment liability, and disputes concerning statutory liens.
Our firm has experience regarding the new subchapter V bankruptcy statute which relates to reorganization of small businesses.
We represent creditors in bankruptcy proceedings in jurisdictions across the country. These matters include relief from the automatic stay; supporting or opposing the adequacy of disclosure statements and the confirmation of plans of reorganization; defending objections to the priority and the allowance of claims; obtaining the appointment of trustees and examiners; moving to dismiss or convert chapter 11 cases; contesting whether assets are subject to the debtor’s bankruptcy filing; defending fraudulent conveyance and preference claims; seeking the estimation and allowance of contingent claims for reimbursement; enforcing and collecting administrative and post-petition claims; asserting claims for reclamation; contesting the assumption or rejection of executory contracts and leases; purchasing assets; enforcing rights under executory contracts and leases; and considering offers of status as “critical vendors” or “essential trade creditors.” Chamberlain Hrdlicka also has experience representing officers and directors, including defense representation against suits alleging various aspects of officer and director liability.
TRUSTEES & RECEIVERS
Chamberlain Hrdlicka routinely represents chapter 7 and chapter 11 trustees in the evaluation and investigation of assets of the bankruptcy estate; collecting accounts receivable; negotiating carve-outs with secured lenders; prosecuting violations of the relief from stay; litigating fraudulent transfers and preference actions; winding down retirement plans; assisting in Section 363 sale transactions; analyzing claims and prosecuting non-routine claims objections.
- Chamberlain Hrdlicka’s Habeeb ‘Hobbs’ Gnaim and Jarrod Martin Win Professional Services Deal of the Year Award at the 22nd Annual M&A Advisor Awards Gala Held in New York CityDeal led by Habeeb ‘Hobbs’ Gnaim & Jarrod Martin Wins Professional Services Deal of the Year Award at 22nd Annual M&A Advisor AwardsNovember 29, 2023
- Law.com/Litigation Daily - Litigators of the Week: A Bankruptcy Win for Sandy Hook Families against Alex JonesJarrod Martin and Co-Counsel Recognized by Litigation Daily for their Representation of Sandy Hook Families in Lawsuit Against Alex Jones and Free Speech SystemsOctober 27, 2023
- Jarrod Martin Obtains Ruling for Sandy Hook Families in Lawsuit Against Alex JonesOctober 25, 2023
- 2023 Texas Super Lawyers includes Chamberlain Hrdlicka AttorneysSeptember 18, 2023
- Chamberlain Hrdlicka's client deal led by Habeeb ‘Hobbs’ Gnaim & Jarrod Martin named Finalist for 22nd Annual M&A Advisor AwardsSeptember 12, 2023
- Three Transactions led by Habeeb (Hobbs) Gnaim named Finalists of the 22nd Annual M&A Advisor Awards in Seven Categories22nd Annual M&A Advisor Awards Names three transactions led by Habeeb (Hobbs) Gnaim as Finalists in Seven CategoriesSeptember 7, 2023
- Houston Business Journal – Chamberlain Hrdlicka plans $6M update at Allen Center headquarters to accommodate growthChamberlain Hrdlicka’s continued growth in Texas drives strategic office renovations in Houston and San AntonioAugust 4, 2023
- Chamberlain Hrdlicka Tops Houston Business Journal’s 2023 Largest Houston-area Tax and Finance Law Firms List and Makes the List for Bankruptcy, Corporate, and Labor & Employment LawHouston Business Journal lists Chamberlain Hrdlicka as 2023 Largest Houston-area Tax and Finance Law FirmJuly 17, 2023
- Jarrod Martin, Shareholder at Chamberlain Hrdlicka, Named to Lawdragon 500 Leading Bankruptcy Lawyers for 2023Lawdragon 500 names Jarrod Martin as a Leading Bankruptcy Lawyer for 2023June 20, 2023
- Chamberlain Hrdlicka’s Habeeb ‘Hobbs’ Gnaim and Jarrod Martin Win M&A Atlas Deal of the Year Award in Distressed M&A Deal, Mid-Market CategoryGlobal M&A Network named Chamberlain Hrdlicka’s Houston-based team, led by Habeeb ‘Hobbs’ Gnaim, winners of the Deal of the Year Award at the Annual M&A Atlas AwardsMay 3, 2023
- Houstonia names 30 Chamberlain Hrdlicka attorneys as 2022 Top LawyersNovember 30, 2022
- Houston Business Journal’s 2022 Best Places to Work includes Chamberlain Hrdlicka in Top 10November 1, 2022
- Five Chamberlain Hrdlicka Practices included as Top 3 and Top 5 for Houston Chronicle’s 2022 Best of the Best AwardsJuly 19, 2022
- Texas Lawyers article on Chamberlain Hrdlicka Houston Office growthJuly 19, 2022
- Hobbs Gnaim, Jarrod Martin and Michael Preng represented Page in its Acquisition of EYPJuly 12, 2022
- Christine Borrett, John Fields, Christopher Hydrick, Karl Jackson, Jr., Tara LeDay, Michael Preng, Calla Sprague and Renu Tandale join Chamberlain Hrdlicka Houston OfficeMay 26, 2022
- Stuart Clements, Tres Gibbs, Jarrod Martin, Michael Overstreet, Kelly Shields, Matt Flores, and Leo Unzeitig named Texas Rising StarsMarch 22, 2022
- Drew Greene and Erica Opitz named to Georgia Trends 2021 "Legal Elite"December 14, 2021
- Super Lawyers names Chamberlain Hrdlicka Attorneys at 2021 Texas Rising StarsMarch 23, 2021
- Virtual This Year! Chamberlain Hrdlicka Virtual Annual Tax and Business Planning Seminar is November 10-12, 2020November 10, 2020
- Article on "How I Made Partner at Chamberlain Hrdlicka"Law.Com, July 29, 2020
- Jarrod Martin joins Chamberlain Hrdlicka to Launch the Houston Bankruptcy Practice and is Named Co-Chair of Bankruptcy PracticeJarrod Martin joins Chamberlain Hrdlicka to Launch the Houston Bankruptcy Practice and is Named Co-Chair of Bankruptcy PracticeJune 24, 2020
- Texas Lawyer Article on "Chamberlain Hrdlicka adds a bankruptcy practice in Houston"June 24, 2020
Seminars & Presentations
- 43rd Annual Tax and Business Planning Virtual Seminar is on November 2-4, 2021November 4, 2021
- November 10, 2020
- Article by Jennifer Karpchuk and Jarrod Martin on “A Dash of SALT in Bankruptcy Proceedings”Tax Notes, October 4, 2021
- Article on “A Primer On Best Practices In Oil And Gas Bankruptcies — Producers"SHALE Oil & Gas Business Magazine, July 23, 2021
- Article by Jarrod Martin and Tyler Greenwood on "A Primer On Best Practices in Oil and Gas Bankruptcies–Royalty Owners”SHALE Oil & Gas Business Magazine, May 19, 2021
- Article by John Hackney and Jasen Hanson on "IRS Undermines Congressional Intent for Relief Loans"Bloomberg Tax, October 2, 2020