Bankruptcy Litigation

Within the bankruptcy context, there are two basic types of litigation: (i) adversary proceedings and (ii) contested matters. Adversary proceedings are similar in many respects to traditional litigation and conclude with a trial in front of the bankruptcy judge. According to the bankruptcy rules, adversary proceedings are required for certain matters. Generally speaking, a contested matter is any matter which arises in a bankruptcy case for which an adversary proceeding is not required to resolve the dispute. Typically, contested matters proceed more quickly than an adversary proceeding, and if the court grants a motion for expedited consideration with a truncated discovery schedule, it will be set for a final hearing much earlier than an adversary proceeding would be.

Snow Spence Green LLP has handled different types of contested matters, including first-day motions for use of cash collateral and post-petition financing, applications to retain professionals, relief from stay motions, motions to appoint a trustee or examiner, motions to convert a case to Chapter 7, 363 asset sales, disclosure statements, and plan-related litigation. In addition, the Firm routinely represents parties in adversary proceedings within the bankruptcy context, including lien priority litigation, fraudulent transfer litigation, preference litigation, and other avoidance actions. The Firm also handles district court litigation concerning these matters.

Representative Experience

Below is an illustrative list of matters in which the Firm's attorneys have handled contested matters and adversary proceedings on behalf of debtors, secured creditors, unsecured creditors, and plan trustees:

  • In re Energy & Exploration Partners, Inc., et al.; Case No. 15-44931-rfn (Jointly Administered); In the United Stated Bankruptcy Court for the Western District of Texas, Austin Division. Representing a group of lien creditors in a lien priority dispute.
  • In re Cook Inlet Energy LLC, et al; Case No. 15-00236 (Jointly Administered); In United States Bankruptcy Court for the District of Alaska. Representing the Liquidating Trustee in actions to recover preferential transfers.
  • In re Buccaneer Resources, LLC, et al, Debtors; Case No. 14-60041-DRJ (Jointly Administered); In the United States Bankruptcy Court for the Southern District of Texas, Victoria Division. Represented the Liquidating Trustee in actions to recover preferential transfers.
  • In re WBH Energy, LP, WBH Energy Partners LLC, WBH Energy GP, LLC, Debtors; Case No. 15-10003 (Jointly Administered) ; In the United States Bankruptcy Court for the Western District of Texas, Austin Division. Represented secured lender in lien priority litigation.

  • In re Dunwell Corporation, Debtor; Case No. 13-33531-11; In the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. Represented the Trustee in actions to recover preferential and fraudulent transfers.

  • In re ATP Oil & Gas Corporation, Debtor; Case No. 12-36187; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division. Defended service companies in preferential transfer claims asserted by Trustee.

  • In re R. L. Adkins Corp., Debtor; Case No. 11-10241-RLJ-11; In the United States Bankruptcy Court for the Northern District of Texas, Abilene Division. Represented the Liquidating Trustee in actions to recover preferential and fraudulent transfers.

  • In re Naknek Electric Association Inc., Debtor; Adversary No. 11-90007; In the United States Bankruptcy Court for the District of Alaska.  Represented oil and gas service company lien creditors in priority dispute with lender concerning liens against rig used to drill geothermal well.

  • In re Rubus Realty Co., Debtor; In the United States Bankruptcy Court for the District of New Mexico. Represented Official Committee of Unsecured Creditors in action to recover fraudulent transfers of stock through secret Panamanian, Swiss, and German trusts.

  • In re John Tullis Jones, III, Debtor; Case No. 04-33533-H2-7; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division. Successfully defended Kentucky trusts in race horse business against allegations the trusts should be disregarded.

  • In re John H. Hamilton, Sr., Debtor; Case No. 10-35770; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division. Represented chapter 7 trustee in recovering fraudulent transfers and post-petition transfers made by the debtor and his spouse. Also obtained non-dischargeable judgment against the debtor.

  • In re Reichmann Petroleum Corp., Debtor; Case No. 06-20804; In the United States Bankruptcy Court for the Southern District of Texas, Corpus Christi Division. Represented trustee of the creditors trust in pursuing fraudulent transfers of the debtor’s property.

  • In re Pacific Energy Resources, Debtor; Case No. 09-10785; In the United States Bankruptcy Court for the District of Delaware.  Successfully resolved preference claims against three service companies brought by liquidating trustee for oil and gas operator.

  • In re Jeffrey Scott Rand, Debtor; Case No. 09-34578; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.  Represented trustees in obtaining return to the estate of value of hunting club property.

  • In re Tri-Union Development Corporation, Tri-Union Operating Company, Debtors; Case No. 03-44908; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.  Represented J. A. Compton, Trustee of the Class 4A Creditors’ Trust in recovering preference payments.

  • In re Robert Foster Parker, Debtor; Case No. 04-34127; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.  Obtained two non-dischargeable fraud judgments against debtor.

  • In re Thomas Barnes, Debtor; Case No. 08-35615; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.  Obtained non-dischargeable fraud judgment against debtor.

  • In re Dunhill Resources, Inc., Debtor; Case No. 03-41264-H1-7; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.  Representation of Trustee in connection with prosecution of preference actions.

  • In re Crusader Energy Group, et al., Debtors; Case No. 09-31797-bjh-11; In the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. Representation of Trustee in connection with prosecution of preference actions.

  • In re Tousa, Inc, et al., Debtors; Case No. 08-10928; In the United States Bankruptcy Court for the Southern District of Florida, Fort Lauderdale Division. Successfully represented subcontractor from preference claims.

  • Guffy, Chapter 7 Trustee for Turnkey Exploration v. BJ Services Company, U.S.A., Civil Action 4:11-CV-03140, In the United States District Court for the Southern District of Texas, Houston Division. Successfully defended service company against claims by Trustee for exploration company for alleged faulty cementing job.