PETER A. FRANKLIN III Partner

Transcription

1 PETER A. FRANKLIN III Partner Phone: Fax: Practice Areas Bankruptcy/Restructuring Litigation Business Litigation Receivership and Mediation Admitted To Practice Texas Court Admissions U.S. Supreme Court U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern U.S. District Court for the Eastern U.S. District Court for the Southern U.S. District Court for the Western The Supreme Court of Texas Professional History Founding Partner in the law firm of Franklin Hayward LLP Partner/Shareholder in the following law firms: Locke Lord Bissell & Liddell LLP Locke Liddell & Sapp, LLP Locke Purnell Rain Harrell, LLP Baker Glast & Middleton PC Peter Franklin, a founding partner of Franklin Hayward LLP, has represented clients in the areas of creditor s rights, bankruptcy, receivership, mediation and related matters for over 40 years. He represents parties in both complex Chapter 11 reorganizations and complex Chapter 7 matters, including creditors committees, debtors, secured creditors, landlords and tenants, trustees, examiners, buyers of assets and unsecured creditors. He has served as a trustee and as an examiner in bankruptcy proceedings. He has also served as a receiver or receiver s counsel in complex federal receivership proceedings. Mr. Franklin has been involved in a number of major bankruptcy reorganizations occurring throughout the United States and was appointed Receiver by the United States District Court in Dallas at the request of the SEC. Mr. Franklin has been appointed or chosen by the parties to serve as a mediator in complex bankruptcy and commercial litigation matters. Representative Experience Represented creditors committee which was a successful proponent of a confirmed reorganization plan in Chapter 11 bankruptcy of Sage Physician Partners, Inc. dba American Physician Housecalls, Inc., Eastern. Represented the Chapter 11 Trustee and the post-confirmation Liquidating Trustee in the complex chapter 11 liquidation of FirstPlus Financial Group, Inc., Northern. Represented major insurance company prosecuting its shopping center landlord rights in the Montgomery Ward Chapter 11 proceeding, District of Delaware. Represented major national bank in the defense of a multi hundred million dollar RICO and lender liability adversary suit with simultaneous proceedings in both the Bankruptcy Courts for the Eastern and the Northern. Served as Receiver Pendente Lite in SEC v. Highland Financial Corporation, Northern in which he directed a team of attorneys prosecuting multiple suits to monetize and liquidate numerous assets to pay dividends to creditors and investors.

2 Briefing attorney for James L. Noel, United States District Judge, Southern, Law Clerk, Texas Court of Civil Appeals, Dallas, Texas Judicial District, Education J.D., Southern Methodist University School of Law, 1969 B.A., Ohio Wesleyan University, 1966 Represented creditors committee in Express One International Chapter 11 proceedings, Eastern confirming a reorganization plan obtaining 80% dividend for unsecured creditors, Eastern. Represented $50,000,000 bond holder on the creditor s committee and as a defendant in multiple hundred million dollar adversary proceedings in General Homes Chapter 11 proceedings, Southern. Represented FDIC with regard to its multiple hundred million dollar claims in Texas American Bank Shares Chapter 11 proceedings, Northern. Represented 32 former officers and/or directors of a large Financial Corporation and various affiliate corporations in defense of officer and director claims and in defense of Chapter 5 avoidance and D&O litigation in both State Court and Bankruptcy Courts in the District of Delaware and the Northern brought by a postconfirmation Chapter 11 Trustee Served as Examiner in the Ken Davis Chapter 11 proceedings, Northern. Represented Chapter 7 Trustee in the Miller Personnel d/b/a America Workforce Chapter 7 proceeding in collecting more than $25,000,000 in litigation proceeds and resolution of over $50,000,000 in claims, Northern. Represented a major regional bank protecting its secured and unsecured claims in simultaneous multi-jurisdictional Chapter 11 proceedings of an oil company and its subsidiaries in the Bankruptcy Courts of Los Angeles, California; El Dorado, Arkansas; and London, England. Represented the Creditors Committee in TerraForce Chapter 11 proceedings in Northern. Represented co-chair of the Creditors Committee in the Heartland Chapter 11 proceeding in Northern. Represented major oil and gas operator to enforce its rights under its operating agreement against the debtor in the Tri-Union Development Corp. Chapter 11 proceeding in the Southern. Represented a group of debtors who confirmed their reorganization plan in the Opus Chapter11 proceedings in the Northern District of Texas. Represented a group of debtors who confirmed their reorganization plan in the Tridimension Chapter 11 proceedings in the Northern. Represented Chapter 7 Trustee of a hedge fund in the successful recovery of numerous assets in the Northern.

3 Representative Mediation Experience Mediated complex bankruptcy matters and related litigation since Acted as mediator in matters involving bankruptcy trustees, creditors, debtors, investors and complex litigation. A sample of the numerous mediations handled since 1998 include: In re Texans CUSO Insurance Group, LLC, Chapter 11, Northern ; participating attorneys: Michael R. Rochelle and Scott M. DeWolf of Rochelle McCullough representing the debtor; William Dawson and Karen L. Hirschman of Vinson & Elkins representing Texas Credit Union; and Toby Gerber and John Schwartz of Fulbright & Jaworski representing Credit Union Liquidity Services. In re NFJV, LLC, Chapter 11, Northern, 2009; participating attorneys: Trustee, John H. Litzler reprented by Kevin D. McCullough and Sean J. McCaffity of Rochelle McCullough Douglas W. Carvell of Hoge & Gameros LLP representing FAS Holdings Group, LLC, and Chris Jensen of Sprouse Schrader Smith P.C. representing Brent Allen. In re Vallecito Gas, LLC, Chapter 11, Northern ; participating attorneys: Kevin D. McCullough and Scott M. DeWolf of Rochelle McCullough representing the Trustee, Harvey L. Morton; and Arnold (Arnie) N. Cavazos, Jr. of Cavazos, Hendricks & Poirot, P.C. and Steven Tal Young of Tal Young, PC representing various claimants. Mark A. Weisbart, Chapter 7 Trustee for Saddle Creek Energy Development v. Thomas McMurray in the Eastern ; participating attorneys: Trustee, Mark A. Weisbart and William L. Siegel of Cowles & Thompson, PC representing Thomas McMurray. John H. Litzler, Chapter 7 Trustee for the estate of TIC United v. Chamblee & Ryan, P.C., adversary proceeding, Northern ; participating attorneys: Shawn W. Phelan of Thompson Coe Cousins & Irons, LLP representing the defendant; and Peter C. D Apice, and Jacob L. Newton of Stutzman, Bromberg, Esserman & Plifka, P.C. representing the Trustee. Scott M. Seidel, Chapter 7 Trustee for the estate of TecNet, Inc. v. Global Crossing Bandwidth, Inc. adversary proceeding, Northern ; participating attorneys: Scott M. Seidel, the Trustee; K.D. Shull, representing the Trustee; and Davor Rukavina of Munsch, Hardt, Kopf & Harr representing the defendant. Professional Affiliations and Awards Rated by Martindale-Hubbell Lawyer Ratings as one of Texas Top Rated Bankruptcy Lawyers, 2012 Edition Rated AV Preeminent by Martindale-Hubbell Lawyer Ratings Named Texas Super Lawyer by Texas Monthly Magazine Director of the John C. Ford Bankruptcy Chapter of the American Inn of Courts Master Emeritus, Pupilage Group Leader of the John C. Ford Bankruptcy Chapter of the American Inn of Courts 2014 Awarded by the John E. Ford Bankruptcy Chapter of the American Inn of Courts its Serjeants of the Inns Award for service to the Inn Adjunct Professor; Bankruptcy and Corporate Reorganization, Texas Tech University Law School, 1983 Adjunct Professor; Advanced Bankruptcy, Southern Methodist University Dedman School of Law, Co-Chairman, Faculty Member and Author, Southern Methodist University School of Law's Annual Advanced Bankruptcy Seminar Series, Member, American Bankruptcy Institute and many of its committees Past President and Director of the Dallas Fort Worth Chapter of the Turnaround Management Association Past member of the Board of Directors of the International Turnaround Management Association

4 Dean of the Turnaround Management Association and the John C. Ford Bankruptcy Inn of Courts Annual Corporate Renewal/Restructuring 15-Hour Boot Camp Course for Turnaround Professionals Member, American Bar Association, its Sections and Subcommittees thereof in the areas of Business Law, Bankruptcy and Litigation Past Member and Past Chairman, Dallas Bar Association s Committee on Relations with the Bankruptcy Judiciary Member, Dallas Bar Association's Bankruptcy Section Recipient of award for the Best Moot Court Brief by Southern Methodist Law School, Presentations and Publications Author: The Real Estate Lender and Chapter XI Some Practical and Procedural Considerations, Bulletin of the Texas State Bar Business Section (1976) Author: Lease Bankruptcy Termination Clauses and Equitable Powers of Chapter XI Court, 15 Hou. L. Rev. 283 (1978) Author and Speaker: A Practical Guide to the Use of Summary Judgment Motions in Texas, Paper, Dallas Bar Association (October 19, 1984, Dallas, Texas) Author and Speaker: Pre-Bankruptcy Planning Issues in Workout Situations, S.M.U. First Annual Institute on Fundamentals of Commercial Lending (April 29-May 2, 1985), Dallas, Texas) Author and Speaker: Materials for Panel Discussion on Loan Workouts, S.M.U. Second Annual Short Course on Law of Banking Institutions (December 5, 1985, Dallas, Texas) Author and Speaker: Loans, Lenders and Liabilities: Issues That Remain Open After the Loan Closes, Texas State Bar Seminar on Suing, Defending and Negotiating with Banks (1986) Author and Speaker: Materials for Panel Discussion on Loan Workouts, S.M.U. Second Annual Institute on Fundamentals of Commercial Lending (April 28-May 1, 1986, Dallas, Texas) Author and Speaker: Pre-Bankruptcy Planning Issues in Workout Situations, S.M.U. Second Annual Institute on Fundamentals of Commercial Lending (April 28-May 1, 1986), Dallas, Texas) Author and Speaker: Borrower s Litigation Perspective, S.M.U. Third Annual Institute on Commercial Lending (April 27-May 1, 1987, Dallas, Texas) Author and Speaker: Good Faith Filings: Life in the Gap Defending Against and Living with Involuntary Bankruptcies, S.M.U. First Annual Institute on Advanced Bankruptcy Law (May 1, 1987) Author and Speaker: Federal Bankruptcy Concerns, S.M.U. Fourth Annual Institute of Commercial Lending (April 14-15, 1988, Dallas, Texas) Author and Speaker: The Bankruptcy Case Chapter 11, Selected Topics Dealing with a Chapter 11 Reorganization, The Banking Law Institute on Loan Workout, Restructure and Bankruptcy (October 27-28, 1988, San Francisco, California) Author and Speaker: Special Problems Encountered with Debtor Bank Accounts in Bankruptcy, The Bankruptcy Law Institute on Loan Workout, Restructure and Bankruptcy, (November 17-18, 1988, Scottsdale, Arizona) Author and Speaker: Durrett and Fraudulent Transfers, Frost & Sullivan Workout and Bankruptcy Conference (December 5-9, 1988, Palm Beach, Florida) Author and Speaker: Lender Liability Claims, 2 S.M.U. Second Annual Institute Advanced Bankruptcy Law 14-1 (1988) Author and Speaker: Notice Procedure and practice in the Bankruptcy Area, 3 S.M.U. Third Annual Institute Advanced Bankruptcy Law 1-1 (1989) Author and Speaker: Loan Workouts-Environmental Issues, Frost & Sullivan Conference on Loan Workouts, LBO and Bankruptcy, (July 20-21, 1989, San Francisco, California)

5 Author and Speaker: Executory Contracts and Leases, Frost & Sullivan Conference on Loan Workouts, LBOs and Bankruptcy, (July 20-21, 1989, San Francisco, California) Author and Speaker: Pre-Filing Issues, 4 S.M.U. Fourth Annual Institute Advanced Bankruptcy Law 1-1 (1990) Author and Speaker: Failed Banks and Ensuing Imbroglios --- A Miscellany, S.M.U. Fourteenth Annual Banking Law Institute, (1991) Author: Chapter 7 Trustee v. Chapter 11 Professionals: The Chapter 7 Trustee s Right to Recover Previously Paid Chapter 11 Professional Fees, Norton Annual Survey of Bankruptcy Law (1996) Author and Speaker: "Materials for United States Chapter 7 Trustee Panel Presentation on Bankruptcy Issues," Turnaround Management Association (April 2007, Dallas, Texas) Author and Speaker: "Materials for Bankruptcy Judges Panel on Commercial Chapter 11 Issues Under BAPCPA," Turnaround Management Association (July 12, 2007, Dallas, Texas) Author and Speaker: "Materials for Bankruptcy Judges, Panel on Commercial Issues under BAPCPA," Turnaround Management Association's Spring Regional Conference (May 2009, Dallas, Texas) Author and Speaker: "Panel Discussion of the Changes Brought by the BAPCPA in Business Chapter 11 Cases," Turnaround Management Association Annual Workshop Program (September 29, 2010, Dallas, Texas)