Our focus includes the following practice areas:


Commercial and Business Restructuring and Bankruptcy


  • Out of court workouts

  • Restructuring secured and unsecured loans
  • All phases of chapter 11 reorganization
  • Creditor's rights
  • Debtor in possession financing
  • Commercial lease restructuring
  • Rights and fiduciary obligations of officers and directors



Business Litigation


Success in litigation depends upon an attorney’s ability to synthesize and simplify complex commercial transactions.   We have developed this through considerable experience in the following types of proceedings:


  • Fraudulent conveyance actions
  • Preference actions
  • Turnover actions
  • Claim objection proceedings
  • Subordination proceedings
  • Breach of fiduciary duty cases
  • Contract interpretation and enforcement cases
  • Cases involving disputes under the Uniform Commercial Code



Energy


We have represented oil & gas companies and other parties in the energy sector in connection with the following:   


  • Sales of interests, properties and equipment
  • Restructuring debt
  • Negotiation with vendors and other third parties
  • Enforcement of rights under leases and operating agreements
  • Lien rights and enforcement
  • Post-petition financing in bankruptcy



Asset Acquisitions


We have the experience and background to assist parties in the sale or purchase of companies and other assets in bankruptcy.  Strategic purchasers continue to seek opportunities to purchase specific assets and ongoing businesses from Chapter 11 debtors and trustees, or businesses going through a non–bankruptcy workout.  We can help you understand the complex procedures and advise you in the strategies to position yourself for a successful sale or acquisition in bankruptcy.  



Committee Representation


We have experience in representing official and unofficial committees of unsecured creditors in Chapter 11 bankruptcy cases.  We also represent creditors in their capacity as committee members and guide them through the process to satisfy their fiduciary role on the committee and maximize their recovery as an unsecured creditor.



Financial Institutions


Our experience includes counseling and representation in all phases of workouts and restructurings of secured and unsecured loans.  This experience extends to litigation in both the federal and state courts with respect to lending transactions and guaranties. 

Marshall Law provides representation and counseling in a broad array of business disputes and commercial matters.  Our goal is to find solutions for you and solve your problems to reduce or even hopefully avoid the costs of litigation.  When necessary though, we have the experience and ability to represent you in both the Texas state courts and federal courts to obtain a successful outcome. 

Our practice extends throughout the State of Texas, but we have particular familiarity with the Federal District and Bankruptcy Courts in Dallas, Ft. Worth, Plano, Sherman, Tyler and Austin.

  • Chapter 11 representation of Texas based oil & gas company in lender negotiations, lien disputes and litigation, royalty and working interests issues, environmental litigation, sale of assets and the creation of a creditors' trust for recovery of claims
  • Represented pre-petition and debtor-in-possession lenders in energy bankruptcy case involving development of new drilling technology
  • Representation of national utility and gas marketing company in bankruptcy cases throughout the country, including the cases for American Airlines, SemGroup, Pilgrim's Pride, Linens n Things, Piccadilly Restaurants and others
  • Representation of Unsecured Creditor Committees in the Oceanaire Restaurants, Horizon Pharmacies and Crescent Machinery bankruptcy cases
  • ​Represented group of skilled nursing facilities in bankruptcy case resulting in sale and preservation of primary operations
  • Representation of numerous Texas and national banks in secured loan workouts and bankruptcies
  • Engaged as expert witness in bankruptcy case
  • ​Represented Texas based commercial landlord in lease disputes and claim resolutions

Experience

Overview