Appointment of Trustee or Chief Restructuring Officer

At any time after the commencement of a bankruptcy case but prior to confirmation of a plan, a creditor or party in interest may seek the appointment of a trustee. Generally, the appointment of a trustee is within the discretion of the bankruptcy court. A request for appointment of a trustee should be granted if (a) the moving party can establish sufficient cause, which would include fraud, dishonesty, incompetence, or gross mismanagement of the debtor by current management, (b) the appointment of a trustee is in the best interests of creditors, equity holders, and other parties in interest, (c) there are sufficient grounds to convert the case to Chapter 7 (which would result in the appointment of a Chapter 7 trustee), or (d) there are sufficient grounds to dismiss the bankruptcy case, yet the bankruptcy court determines that the appointment of a trustee or examiner is in the best interests of creditors and the estate.

Representative Experience

Below is a list of matters in which Snow Spence Green LLP has successfully obtained an order appointing a trustee or a chief restructuring officer replacing existing management:

  • In re Republic Resources, LLC; Case No. 15-52637; In the Western District of Texas, San Antonio Division.
  • In re Arabella Petroleum Co., LLC, Debtor; Case No. 15-70098-RBK-11; In the United States Bankruptcy Court for the Western District of Texas, Midland Division.
  • In re R. L. Adkins Corp., Debtor; Case No. 11-10241-11-RLJ; In the United States Bankruptcy Court for the Northern District of Texas, Abilene Division.  

  • In re James A Whitson, Jr., d/b/a James A. Whitson, Jr. Oil Operators, Debtor; Case No. 09-34979-7; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.

  • In re Jeffrey Scott Rand, Debtor; Case No. 09-34578; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.

  • In re Wave Energy, Inc., Debtor; Case No. 09-34577-H2-11; In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.

  • In re Rand Energy Company, Debtor; Case No. 398-80004-SAF-11; In the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. 

  • 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. 

  • In re Ponder Industries, Inc., Debtor; Case No. 99-21792-C-7; In the United States Bankruptcy Court for the Southern District of Texas, Corpus Christi Division. 

  • In re Probe Resources US Ltd., Probe ST 214 Ltd., Probe High Island 115 Ltd., Probe Resources Energy Marketing US Ltd, and In re Probe Resources, Ltd., Debtors; Case No. 10-40395 (Jointly Administered); In the United States Bankruptcy Court for the Southern District of Texas, Houston Division.

  • In re Cude Drilling, Inc., Debtor; Case No. 00-53095-C-11; In the United States Bankruptcy Court for the Western District of Texas, San Antonio Division. 

  • 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. 

  • In re Mustang Oil &Gas Corporation, et al., Debtors; Case No. 97-56620-C-11 (Jointly Administered); In the United States Bankruptcy Court for the Western District of Texas, San Antonio Division.