Eric’s Experience Includes:
- Crossroads Systems, Inc. – Debtor counsel regarding prepackaged chapter 11 plan confirmed in 36 days preserving approximately $140 million in net operating losses.
- P10 Industries, Inc. – Debtor counsel regarding prearranged chapter 11 plan confirmed in 36 days preserving approximately $235 million in net operating losses.
- UTSA Apartments, LLC, et al – Debtor counsel for 19 tenancies in common. Successfully sold all of the assets to Arris for $33.5 million.
- 5th Circuit Appeals – Represent parties in three pending 5th Circuit appeals: Myra Lynn Martinez v. OGA Charters, LLC, et al (In re OGA Charters, LLC); Woodlark UTSA Apartments, LLC v. UTSA Apartments 8, LLC (In re UTSA Apartments 8, LLC); John Patrick Lowe v. Kathy DeBerry et al (In re DeBerry).
- Represent debtor-in-possession in Chapter 11 of Laredo WO, LTD, which owns a tract of land in Georgetown, Texas consisting of approximately 1100 acres.
- Represent debtor-in-possession in Chapter 11 of Olmos Equipment Inc.
- Represent certain tort claimants in Chapter 11 case of SEER Environmental Materials, LLC regarding dispute over insurance proceeds.
- Represent certain tort claimants in Chapter 7 case of OGA regarding dispute over insurance proceeds
- Represented reorganized Lothian Oil, Inc.
- Represented agent for senior secured term lenders owed $1.4 billion from global multi-product conglomerate company, Spectrum Brands, Inc. and its affiliated debtors.
- Represented secured lender in Chapter 11 of Lajitas in San Antonio, Texas.
- Represented the entity that successfully acquired Swift Instruments.
- Represented Creditors’ Committee in Hardwood P-G in San Antonio, Texas.
- Represented secured lenders in the Chapter 11 case of Amcast Industrial Corporation and in related adversary proceeding.
- Represented Creditors’ Committee in National Benevolent Association, a not-for-profit corporation that owns and operates senior living facilities and facilities for developmentally disabled adults and juveniles. NBA is one of the largest not-for-profit corporations ever to seek Chapter 11 relief.
- Represented agent for working capital lenders in Chapter 11 of Texas Petrochemicals, L.P.
- Represented Tri-Union Development Corporation as debtor-in-possession in successful reorganization.
- Represented the largest pre-petition secured creditor and Debtor in Possession lender in Chapter 11 of Moll Industries, Inc. in San Antonio, Texas.
- Represented various health care providers with their defense in significant preference litigation.
- Represented the entity that successfully acquired Mooney Aircraft Corporation.
- Represented the largest health care provider in San Antonio in a successful settlement of its claims against a debtor IPA and the debtor’s HMO.
- Represented asset acquirer in connection with Chapter 11 case of National Gypsum Company involving asbestos liability issues.
Recent Publications:
- “A Potpourri of Stupid and/or Clever Tactics in Bankruptcy Cases: Ethical Considerations,” co-author with Robin Phelan, Jordan Bailey and Abigail Ottmers, 2012 Sun Mountain Bankruptcy Seminar, June 15-16, 2012.
- “Finance Reform,” Co-Author with John Podvin and Kendra Mayer, Association of Corporate Counsel, South/Central Texas Chapter Newsletter, Spring 2011.
- “Quicker Resolutions: Prepackaged bankruptcies help companies get back on their feet fast,” quoted by author, San Antonio Business Journal, May 21, 2010.
- “Fall Down – Go Boom! Lessons from the Mega Cases 2008-2010,” Co-Author with Robin Phelan, Abigail Ottmers and Stephen Manz, 2010 Southeastern Bankruptcy Law Institute Seminar, March 19, 2010.
- “Trashing the Promenade, The Company Town, The Dead Debtor and Many Other Recent Anomalies and Contradictions From Bankruptcyland,” Co-Author with Robin Phelan, Abigail Ottmers and Stephen Manz, 2010 Southeastern Bankruptcy Law Institute Seminar, March 18, 2010.
- “Overview of Chapter 11 and Bankruptcy Schedules,” 2012 Texas Bankruptcy Law Clerk Seminar, Co-Author with Abigail Ottmers.
- “Hedge Funds and Bankruptcy: A Debtor’s Garden of Eden Includes Hedge Funds These Days,” 24th Annual Advanced Business Bankruptcy course, May 11, 2006, Co-Author with Lenard Parkins.
- “Joe Isuzu on the Witness Stand and How to Examine Him (Her) (It),” American Bankruptcy Institute 22nd Annual Spring Meeting, Washington, D.C., April 15-18, 2004, Co-Author with Robin Phelan.
- “Bankruptcy and Insolvency Issues for Partnerships, LLCs, and Their Owners – The Good, the Bad and the Ugly,” Texas Journal of Business Law, Vol. 39, No. 1., Spring 2003, Co-Author with Steven Waters.
- “Reducing Preference Exposure – What your Buyer Giveth, Congress and the Bankruptcy Code May Taketh Away,” San Antonio Business Journal, January 2002, Co-Author with Steven Waters.
- “Just a Closer Walk with Thee Honorable Hippo,” San Antonio Lawyer, September/October 2000 Edition.
Judicial Clerkships:
Briefing Attorney for the Honorable Ronald B. King, U.S. Bankruptcy Court, Western District of Texas, San Antonio Division, 1995-1996 and for the Honorable H.F. Garcia, U.S. District Court, Western District of Texas, San Antonio Division, 1996-1997.
Memberships:
- State Bar of Texas
- American Bankruptcy Institute
- Bar Association of the Fifth Federal Circuit
- Former Federal Law Clerks Society
- San Antonio Bar Association
- San Antonio Bankruptcy Bar Association
- LEK Inns of Court
Education:
- J.D., University of Texas at Austin School
of Law, 1995 - B.A., University of Pennsylvania, 1991, magna cum laude
Bar Admissions
- Texas, 1995