Represented ground sublessee acquired from JCPenney, including litigation of real property rights in the bankruptcy proceeding, appealing aspects of the bankruptcy court ruling up to the Fifth Circuit Court of Appeals, and successfully litigating possessory and related rights in state and federal courts in Illinois.

Represented Electric Reliability Council of Texas, Inc. (“ERCOT”) in defending an adversary proceeding brought in the U.S. Bankruptcy Court for the Southern District of Texas by Anna Phillips, as Trustee of the Entrust Liquidating Trust (“Entrust”). Entrust sought to avoid $296 MM it owed for outstanding invoices for energy purchased during Winter Storm Uri. ERCOT moved to dismiss Entrust’s claims and requested that the bankruptcy court abstain under the Burford doctrine. After the Bankruptcy Court declined to abstain and denied ERCOT’s motion to dismiss most of the claims, ERCOT appealed to the United States Court of Appeals for the Fifth Circuit. After hearing oral argument, the Fifth Circuit held that the Bankruptcy Court’s refusal to abstain under Burford was error, four of the counts should be dismissed, and the remaining two counts should be stayed.

Represented Electric Reliability Council of Texas, Inc. (“ERCOT”) in defending an adversary proceeding brought in the U.S. Bankruptcy Court for the Southern District of Texas by Brazos Electric Power Cooperative, Inc. (“Brazos”). Brazos sought to avoid approximately $1.9 B it owed for energy charges incurred during Texas’ historic Winter Storm Uri. The trial began February 21, 2022 and proceeded for two weeks before the parties agreed to submit to mediation. In November 2022, the bankruptcy court approved a Chapter 11 plan for Brazos. This proceeding was considered to be the largest bankruptcy trial in the country in 2022.