Debtor Representations

Eventide Credit Acquisitions, LLC
Currently representing Eventide Credit Acquisitions, LLC (ECA) as debtor’s counsel in a case of nationwide significance. Prior to the petition date, ECA was sued in several class action lawsuits relating to the firm’s sale of a loan servicing business to a native American tribe. The primary issue in the bankruptcy case is whether tribal sovereignty and the strong federal policy favoring tribal economic development and self-sufficiency pre-empt state usury laws.  In addition to the claims asserted by the consumer borrowers, ECA also has a claim of more than $26 million based on Big Picture Loans’ default under the terms of a note and loan security agreement between ECA, as lender, and Big Picture Loans, as borrower.

Mid-Cities Home Medical Equipment Co., Inc.
Represented Mid-Cities Home Medical Equipment Co., Inc. (MCHME) as debtor’s counsel.  MCHME previously provided durable medical equipment to managed care patients.  Although it had essentially discontinued its business operations prior to the bankruptcy filing, MCHME owned an equity interest in a related entity with substantial value.  Assisted MCHME in confirming a chapter 11 plan that proposed payment to creditors over time through litigation recoveries and distributions on account of its interest in the related entity.

Crisp Real Estate Partners, L.P. and Ad Hoc Committee of Equity Holders
Represented Crisp Real Estate Partners, L.P. (CREP), the debtor’s senior secured creditor, and the Ad Hoc Committee of Equity Holders (Equity Holders) in the JBM Specialties, LLC (Debtor) bankruptcy case.  The Debtor, which did business as Whiskey Hollow Distilleries, operated two federally permitted distilleries in Cooke County, Texas.  Assisted CREP in preserving its rights in relation to the sale of one of the distilleries and recovering the full amount of its secured claim.  Obtained a favorable settlement of approximately for the Equity Holders with respect to their claims against the Debtor and the Debtor’s principal for securities fraud, conversion, self-dealing, breach of fiduciary duty, and equitable subordination.

Mirant Bowline, LLC; Mirant Hudson Valley Gas Corp.; Mirant New York, Inc.
Confirmed a plan of reorganization for the debtors with assets in excess of $200 million and a number of outstanding tax and environmental issues. The plan of reorganization provided the same treatment to creditors of the three emerging entities as to similarly situated creditors, and all creditor claims were satisfied.

Forest Park Medical Center at Fort Worth, LLC
Represented a hospital in the confirmation of a Chapter 11 plan by assisting in the sale of real estate for more than $120 million while carving out a significant recovery for creditors and settling all claims against the hospital’s investors.

Duncan Burch, Inc. (“DBI”)
Represented DBI as Chapter 11 Debtor’s counsel in disputing a $3.9 million state tax liability. The case addressed the issue of whether a taxpayer must first pay a disputed tax before requesting a judicial review of that assessed tax, a so-called “pay-to-play” requirement. Without realistic options, DBI initiated bankruptcy to stop the Comptroller’s collection attempts and brought jurisdictional challenges so that the disputed tax claim could be decided in bankruptcy Court. DBI settled the tax claim for $75,000 and Chapter 11 case was dismissed.

 American Workers Insurance Services, Inc. and Association Health Care Management, Inc.
Represented American Workers Insurance Services, Inc. and Association Health Care Management, Inc. as debtors’ counsel. The debtors marketed various insurance and benefits coverages to members of the National Association of Preferred Producers. This case raised substantial issues regarding the interplay of such businesses in Chapter 11 and disputes with claimants relating to such business and the ERISA statute.

Creditor Committee Representations

PrimaLend Capital Partners, LP
Retained to represent the Official Committee of Unsecured Creditors of PrimaLend Capital Partners, LP, a Texas-based subprime auto lender that specializes in providing financing solutions to “buy-here-pay-here” auto dealerships. PrimaLend’s bankruptcy filing on October 22, 2025, comes after months of negotiations with its creditors following missed interest payments on its debts due to an unexpected increase in delinquencies and repossessions. The unsecured creditors committee includes (i) Meir Benit Trust, (ii) Jacob Mason, and (iii) Earth Enterprises LLC. The case outcome was covered in Law360.

Chesapeake Energy Corporation
Represented the Official Committee of Royalty Owners in the Chesapeake Energy Corp Bankruptcy. The appointment of the committee to represent an estimated 200,000 royalty owners was the first in the history of complex oil and gas bankruptcies. Chesapeake filed an emergency motion to disband the committee days after its formation and was denied. With input from the committee each revision of the Plan of Reorganization provided enhanced rights and reservations for the royalty owners, balancing the group’s rights to pursue pre-petition claims while also supporting Chesapeake’s continued operations and revenue streams versus liquidation. Based on these efforts the plan was confirmed with a commitment from Chesapeake’s CEO to treat “all of Chesapeake’s stakeholders with transparency.”

Litchfield Ventures, LLC
Representing Litchfield Ventures, LLC (Litchfield), an affiliate of GLS Capital, LLC, which serves as a litigation funder to the Fresh Acquisition Liquidating Trust (Trust). The Trust, acting through its trustee, obtained litigation funding from Litchfield to fund the cost of litigating claims pursuant to which the Trust seeks recovery. The United States Bankruptcy Court for the Northern District of Texas issued a show cause order regarding the trustee’s authority to obtain litigation funding. With the assistance of VHH, Litchfield participated at the show cause hearing. The Bankruptcy Court entered an unfavorable ruling for the Trust, which is currently being appealed by the Trust and Litchfield to the District Court. The appeal involves significant jurisdictional issues, including the Bankruptcy Court’s constitutional and post-confirmation jurisdiction to enter a ruling relating to the funding agreement between the Trust and Litchfield, a non-party to the bankruptcy proceeding.

Swift Creek Renewables, LLC
Representing Swift Creek Renewables, LLC (SCR), an affiliate of Morrow Energy, which operates a renewable natural gas plant at a landfill in Richmond, Virginia, owned by Shoosmith Bros, Inc. (Shoosmith). Shoosmith and its corporate parent filed chapter 11 cases following Shoosmith’s failure to comply with its environment permits and inability to fund the cost of removing effluent leachate from the landfill, which poses a significant environmental threat to the surrounding areas. The case was subsequently converted to chapter 7. SCR has been able to navigate a multi-party mediation to resolve various claims and causes of action asserted by various constituents including SCR, the trustee, the Virginia Department of Environmental Quality, Chesterfield County, and Evergreen National Indemnity Company, which issued the closure bonds for the landfill. The settlement has been approved by the United States Bankruptcy Court for the Eastern District of Virginia; however, additional matters must be resolved before the settlement can be fully implemented.

Medical Select Management
Represented the Official Unsecured Creditors Committee of this independent physician association that provided services to more than 1,700 Doctors who treated more than 200,000 patients. The Chapter 11 Trustee and the Committee worked closely to ensure maximum recovery for the estate’s creditors.

Creditor Representations

Tri-County Electric Corporation, Inc.
Represented Tri-County, a member of a large power cooperative, Brazos Electric Power Cooperative, Inc., which filed for bankruptcy because of losses tied to the Uri storm of February 2021. Brazos emerged as a scaled down company, allowing Tri-County flexibility and room for future growth. The firm’s attorneys played a critical role in replacing Brazos management and formulating a multi-party settlement, including an agreement with ERCOT that allowed Brazos to confirm its consensual bankruptcy plan in December 2022.

Vitro SAB
Served as co-counsel for an ad hoc group of bondholders with claims exceeding $700 million. Assisted the bondholders in preventing Vitro from enforcing its Mexican concurso plan in the United States, allowing important subsidiary guaranties to be preserved and enforceable domestically. On appeal, assisted the bondholders in obtaining a favorable decision that is expected to have a significant impact on international commercial transactions as well as on future cross-border financing and restructurings.

Tuesday Morning Corporation
Represented Invictus Global Management, LLC in the Tuesday Morning Corporation chapter 11 bankruptcy cases.  filed in February 2023. Tuesday Morning was a discount retailer with 470 stores across 25 states. Just before the filing, Invictus provided a bridge loan that allowed Tuesday Morning to avoid immediate liquidation and to seek bankruptcy protection. After the bankruptcy filing, Invictus provided debtor-in-possession financing to allow the retailer to conduct an auction for the sale of its business and save jobs for employees. Invictus participated in the auction as a bidder, but Tuesday Morning made the decision to liquidate its assets rather than accepting Invictus’ bid to acquire the business. The firm’s attorneys were brought in after previous counsel was terminated and structured a multi-party settlement with the debtor, sub-debt holders, and the Unsecured Creditors Committee.

DeVries Family Farm, LLC
Represented DeVries Family Farm, LLC, the defendant in a preference and fraudulent transfer action pursued by a Chapter 7 trustee seeking more than $895,000. The case involved several legal issues pertaining to the nature of the trustee’s interest in the company. Following the entry of partial summary judgment the firm’s attorneys assisted the company in favorably settling the matter on terms that reflected the limitations on the Chapter 7 trustee’s rights.

Western Real Estate Equities (WRE)
Represented the company as a secured creditor in a Chapter 11 case that involved a secured claim of more than $32 million, collateralized by mixed-use commercial real estate.

Other Representations

Court appointed receiver in Weslease 2018 Operating, LP v. Innovative Sand Solutions, LLC, et al.
In September 2024, a District Court Judge for the Northern District of Texas appointed VHH as Receiver for the investigation, liquidation and administration of assets owned by Innovative Sand Solutions, LLC, River North Farms, Inc., Hermitage Newark, LLC, and several other entities owned by a Texas couple to facilitate the payment of several judgments entered against them for the benefit of the plaintiff, Weslease 2018 Operating, LP.

Elevate Credit, Inc.
Represented Elevate Credit as defense counsel in a fraudulent transfer action asserted against it by a litigation trust based on the spin-off of Elevate Credit from Think Finance. Resolved the fraudulent transfer action in which the litigation trust sought to recover more than $246 million.

Josh Terry and Acis Capital Management, L.P. and Acis Capital Management GP, LLC (collectively Acis)
Represented the trustee for this Dallas-based SEC-registered investment advisor and collateralized loan obligation manager with approximately $2 billion in assets. The court confirmed a Chapter 11 restructuring plan, and since confirmation have represented Mr. Terry, equity owner of the reorganized debtor, in defending and pursuing litigation.

Trustee Representations

TUSA Office Solutions, Inc.
The firm represented TUSA, the largest commercial seller and distributor of furniture in North Texas in its Chapter 11 reorganization.

Inspire Insurance Solutions, Inc.
Represented the Liquidating Trustee of the trust holding the assets of Inspire Insurance Solutions and Inspire Claims Management in connection with the claims resolution process and the wind-down of the trust. Through the claim’s objection process, including against the claims of IBM, Tokio Marine Management and Connecticut General Insurance Company, overall claims against the trust of $30 million were reduced to $2 million. The firm’s attorneys also handled a complex international litigation matter for the Liquidating Trustee against Sul America Companhia National Seguro’s, a large Brazilian insurance company, resulting in a favorable settlement of a $5.2 million claim against the trust, as well as the wind-up and termination of the debtors’ 401(k). After representing the unsecured creditors committee, members of the firm represented the liquidating trustee for the debtor’s estate.

Leather Center, Inc.
Members of the firm represented the trustee in this Chapter 7 liquidation of the largest leather furniture manufacturing company in the U.S.

Robert Yaquinto Jr. Chapter 11 Trustee for TAG Mobile, LLC
Represented the Chapter 11 Trustee for wireless service provider TAG Mobile in operational issues regarding TAG’s business and in working toward a sale to maximize value for creditors.

Daniel J. Sherman, Chapter 7 Trustee for Adeptus Health, LLC and more than 60 related Chapter 7 debtors
Represented the Chapter 7 trustee in 62 jointly administered and substantively consolidated Chapter 7 cases for entities that provided emergency health care in hospital adjacent emergency rooms or free-standing emergency rooms in Texas, Colorado, and Arizona. Assisted the trustee with the liquidation of the debtors’ assets including real property, medical accounts receivable, and sales tax refunds. In addition, assisted the trustee in responding to patient medical records requests, transitioning to a long-term solution for storage of PHI and custodian of records issues, HIPAA issues, and other issues relevant to the health care industry.

Admissions 

• U.S. Court of Appeals for the Fifth Circuit
• U.S. District Court for the Northern District of Texas
• U.S. Bankruptcy Court for the Southern District of Texas
• U.S. Bankruptcy Court for the Eastern District of Texas
• U.S. Bankruptcy Court for the Western District of Texas
• U.S. Bankruptcy Court for the District of Colorado

Education 

• Texas Tech University School of Law (J.D., 1996)
• University of Colorado (B.A., 1992)

Memberships

• John C. Ford American Inn of Court
• Texas Bar Association, Business Section
• Texas Bar Association, Bankruptcy Section

• “Bank Recapitalization in Bankruptcy:  Trumping the TruPS,” Contributing Author with Jeff P. Prostok, Geoffrey S. Kay, and Jonathan W. Briggs, American Bankruptcy Institute Journal, September 2013.
• “Update on Fort Worth Bankruptcy Decisions at the Fifth Circuit,” Tarrant County Bar Association Bankruptcy Section, February 2013.

• The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2022-2025.
• Fort Worth Magazine, Top Attorneys in Fort Worth, “Bankruptcy”, 2023.
• Lawdragon 500, Leading Bankruptcy and Restructuring Lawyers, 2020-2026.