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Erin has two decades of experience in virtually all types of bankruptcy matters and related litigation. Erin has experience with business reorganization and liquidation, representing companies and boards of directors in out of court restructurings as well as debtors, trustees, creditors’ committees, purchasers of assets and individual creditors in bankruptcy cases under both chapter 7 and chapter 11 of the United States Bankruptcy Code. Erin also has significant experience as a trial attorney representing parties in all varieties of bankruptcy litigation matters, including the representation of chapter 7 trustees and litigation trusts in the prosecution of avoidance actions, fraudulent transfer claims, turnover, breach of fiduciary duty, and other estate enlarging claims and the defense of similar actions in bankruptcy courts, federal district courts, and state district courts. Erin represents interested parties and creditors in contested matters, such as objections to exemptions, motions to lift stay, claim objections, objections to employment and fee applications, motions to dismiss, motions to convert, removal and remand (abstention), withdrawal of the reference, and bankruptcy sales. Erin represents debtors and creditors in the prosecution and defense of challenges to discharge and the dischargeability of particular debts. She has represented parties in appellate matters in both the state and federal courts. Erin also has experience handling jury trials and general civil litigation matters, including but not limited to employment disputes under the Fair Labor Standards Act, contract actions, professional negligence, Texas Deceptive Trade Practices Act, RICO and fraud claims.
Erin was admitted to the State Bar of Texas in 2001 and is admitted to practice before all federal courts in Texas as well as the Fifth Circuit Court of Appeals. Erin has practiced as a visiting attorney before federal bankruptcy courts across the country.
Erin graduated from the University of Texas at Austin with a Bachelor of Arts in Latin American Studies and a Bachelor of Arts in Spanish in May 1998. Erin earned her J.D. at the University of Houston Law Center in May 2001. While in law school, she was a founding member and the Chief Notes and comments Editor of the Houston Business and Tax Law Journal, Vice President of the International Law Society, and she completed the Mexican Legal Studies exchange program at La Universidad Panamericana in Mexico City.
Erin has provided legal representation to many types of interested parties across a wide variety of markets. The following is intended to be a representative, but not exhaustive, list of matters to demonstrate the types of cases in which Erin has been involved.
Chapter 7 Trustee
Represented trustee to sell hundreds of firearms, including class 3 weapons. 100% distribution to all classes of creditor (In re Leigh Bennett).
Represented trustee in sale of assets of video game developer in chapter 7, including but not limited to investigation and prosecution of potential claims and collection of assets relating to settlements. Recovered and distributed $1.5M+ to creditors (In re Timegate Studios, Inc.).
Represented trustee to prosecute estate’s claims regarding turnover of substantial funds/assets bequeathed to debtor in will but not disbursed by executor (In re Georganne Gasaway).
Represented debtor in chapter 11 case resulting in sale of real property with 100% distribution to all classes of creditors and return to equity interest holders (In re Collision Express Holdings, L.P.).
Represented of creditors in successful objection to exemptions and adversary proceeding to except from discharge certain debts under 11 U.S.C. §523(a)(6). Judgment affirmed on appeal. Worked closely with chapter 7 trustee to liquidate key assets resulting in $1M+ distribution to creditors (In re Hong Bich Chau / Ahn Dang).
Represented creditor in adversary proceeding seeking exception to dischargeability of debt for willful and malicious injury to creditor. Judgment in favor of client in excess of $2M. Debtor sought appeal; judgment affirmed (LaFavers v. Martin Arguello).
Represented creditors’ committee of company owning chain of nursing home facilities. Confirmed committee plan with support of major constituents and secured creditors. (In re Century Care of America, Inc.).
Investors & Equity Holders
Represented investor group. Successfully defeated substantive consolidation and various attempts by insiders during the bankruptcy case to act in self-interest (In re Williams Financial Group, Inc. et. al.).
Represented former CRO, of healthcare business in multi-million-dollar litigation with various “investors” of related entities in state court with take nothing judgment. Representation of former CRO regarding claim of indemnity (In re Michael Brown).
Represented Mar-Bow Value Partners, LLC in objection to employment of McKinsey due to lack of compliance with Bankruptcy Code and federal bankruptcy rules concerning employment of professionals by a debtor (In re Westmorland Coal Co.).
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