Davor Rukavina
Shareholder
Overview
Davor began his career as a clerkship for the Honorable Robert L. Jones, United States Bankruptcy Judge for the Northern District of Texas, during which time the court handled numerous complex issues. Since joining Munsch Hardt, Davor has represented virtually every type of party in litigation and bankruptcy proceedings across the country, including debtors in possession (DIP), Chapter 11 trustees, Chapter 7 trustees, landlords and creditors. He is also an Adjunct Professor of Corporate Reorganization Law at Texas Wesleyan School of Law and has litigated a wide variety of commercial and bankruptcy disputes. Some of his more notable representations include:
- Texas Grand Prairie Realty, LLC (and its affiliates), in which Davor represented the debtors – owners of four Hyatt Place hotels – in a successful reorganization of over $50 million in debt, and the confirmation of a Plan of Reorganization on cramdown of the secured lender after a lengthy confirmation trial, and using the new value exception to the Absolute Priority Rule.
- Golden Restaurants, Inc. (and it affiliates), in which Davor represented the debtors – collectively the largest Golden Corral franchisee with more than 40 stores – in a successful reorganization of over $50 million of debt, and the confirmation of a Plan of Reorganization on cramdown.
- Denar Restaurants, Inc., in which Davor represented a multi-unit Denny’s franchisee in a successful reorganization and the confirmation of a consensual Chapter 11 plan.
- Representation of plaintiff in district court litigation against homestead claimant in which, after trial, the court found no proper claim to homestead (and defense of the same at the Fifth Circuit). See Mitchell v. Stringfellow, 2010 WL 4850736 (E.D. Tex. 2010) and Mitchell v. Stringfellow, 434 B.R. 412 (E.D. Tex. 2010).
- Representation of plaintiff in large breach of contract and tortious interference case, which settled for an undisclosed amount after years of litigation and a favorable summary judgment opinion. See Teraforce Technology v. Vista Controls Inc., 379 B.R. 626 (Bankr. N.D. Tex. 2007).
- Agape Christian Fellowship, in which Davor represented the debtor, a church, in successfully restructuring massive tort liability stemming from allegations that the church’s bishop had sexually assaulter worshippers. The case included Davor defending the church against the sexual assault claims and multiple employment claims in district court.
- TeraForce Technology Corporation, a publicly traded company, and its subsidiary DNA Computing Solutions, Inc., in which Davor represented the debtors and confirmed a plan of reorganization. See, generally, In re TeraForce Technology Corp., 347 B.R. 838 (Bankr. N.D. Tex. 2006).
- Representation of law firm in avoidance action brought by trustee in which Davor successfully tried the issue of what constituted property of the estate for avoidance purposes and successfully defended the decision on two appeals. See Reed v. Rabe (In re Grotjohn), 356 B.R. 393 (Bankr. N.D. Tex. 2006), aff’d, 376 B.R. 496 (N.D. Tex, 2007), aff’d, 289 Fed. Appx. 702 (5th Cir. 2008).
- Successful representation of landlord in lien priority dispute. See In re GSYS Enters. Inc., 343 B.R. 568 (Bankr. N.D. Tex. 2006).
- StatePark Building Group, Ltd. and four related jointly administered debtors, in which Davor successfully tried the issue of whether a state court receiver had the authority to file a voluntary Chapter 11 petition, see In re StatePark Bldg. Group Ltd., 316 B.R. 466 (Bankr. N.D. Tex. 2004), and in which Davor, later representing the Chapter 11 trustee as special counsel, successfully tried the issue of whether a right to specific performance was enforceable against the bankruptcy estate, see GBL Holding Co. Inc. v. Blackburn/Travis/Cole, Ltd., 331 B.R. 251 (N.D. Tex. 2005) (affirming bankruptcy court).
Memberships & Affiliations
- American Bar Association
- Dallas Bar Association
- DFW Association of Young Bankruptcy Lawyers
- Honorable John C. Ford American Inn of Court
- State Bar of Texas
Awards & Honors
- Rising Stars, Thomson Reuters, 2008-2011
Admissions
- Texas
- United States Court of Appeals for the Fifth Circuit
- United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas
Foreign Languages
- Croatian
Articles & Speeches
- November 17, 2011 — Issues and Challenges in Real Estate Cramdown Confirmation Cases
- Summer 2010 — Survey of Bankruptcy Law
- Summer 2009 — Survey of Bankruptcy Law
- October 2009 — An Overview of the Bankruptcy Code and the Bankruptcy Practice in the United States
- October 2007 — Utilizing Cross-Border Insolvency Laws to Attack Fraud: An Analysis of How It Could Work in the British Virgin Islands, United States and Germany
- November 16-17, 2006 — Construction Law Issues in the Bankruptcy Arena: Competing Claims, Liens and Interests of M&M Liens Under Texas Law
- September 21, 2006 — Utilizing Cross-Border Insolvency Laws to Attack Fraud: An Analysis on How It Could Work (The United States Experience)
- April 10, 2006 — Headed for the Abyss: Top 10 Things for the Real Estate Practitioner to Know About Bankruptcy
- October 2006 — Ethical Issues and Malpractice Prevention: Preparation of the Schedules and the Statement of Financial Affairs
- May 1-3, 2005 — Topping Up the Estate — What's Left After the Asset Trail Runs Out?
- September 2004 — Winning the Res ... Judicata Battle: The Use of the Doctrine as a Shield or Sword
- March 2004 — Avoiding (or at Least Mitigation) Civil and Bankruptcy Liability
- January 29-30, 2004 — The Strategic Use of Experts and the "Stuff" They Rely Upon


