T: (713) 961-9045
F: (713) 961-5341
Jeff possesses a wide range of experience representing financial institutions and other creditors, landlords, debtors, committees, trustees, and other constituencies. He has developed a diverse practice with significant experience in all areas of bankruptcy litigation and related transactions through the representation of numerous secured and unsecured creditors, Chapter 11 debtors, and official committees. These cases include the representation of business entities in matters ranging from "complex" reorganization proceedings to small business cases. Mr. Carruth's experience includes negotiated workouts, the representation of debtors and guarantors, debtor-in-possession financing negotiations and disputes, cash collateral disputes, valuation contests, lien priority conflicts, asset sales, the litigating of avoidance actions, and lift stay proceedings.
Publications and Presentations
Frontline: Client Filing For Bankruptcy-Cash Flow and Survivability Issues in Chapter 11 E&P Cases, Texas State Bar 27th Annual Advanced Oil, Gas and Energy Law Course, Houston, Texas, October 8, 2009.
Avoiding Risks and Exit Strategies for Troubled Loans, Texas Economic Development Council, Spring Meeting, El Paso, Texas, April, 2008.
"International Legal Developments in Review 1999: Creditors' Rights and Bankruptcy," 34 The International Lawyer 533, 2000 (co-author).
"International Legal Developments in Review 2000: Cross-Border Insolvency and Structural Reform in a Global Economy," 35 The International Lawyer 449, 2001 (co¬author).
"International Legal Developments in Review 2003: Insolvencies in the Global Context," 38 The International Lawyer 353, 2004.
"International Legal Developments in Review 2004: International Secured Transactions and Insolvency," 39 The International Lawyer 363, 2005.
"International Legal Developments in Review 2005: International Secured Transactions and Insolvency," 40 The International Lawyer 381, 2006 (co-author).
Financial institutions and other creditors.
Mr. Carruth's experience representing financial institutions and other creditors historically has been on behalf of asset based lenders and similar secured creditors, and includes workouts, debtor-in-possession financing arrangements, lift stay proceedings, cash collateral disputes, valuation contests, lien priority disputes, asset sales, intercreditor agreements, the negotiation of plans of reorganization, objections to the confirmation of Chapter 11 plans, and trustee elections in Chapter 7 proceedings. Mr. Carruth's experience also includes the representation of claims under § 523, and family farmers in Chapter 12 proceedings.
Oil and gas insolvencies.
Mr. Carruth has concentrated experience representing various constituencies in the liquidation, restructuring, and reorganization of exploration and production companies. These representations have included drilling companies, service companies, working interest owners, and other stake holders. Mr. Carruth's experience includes the preparation, protection, and attack of oil and gas liens, the litigation of mineral lease disputes, and the enforcement of operator duties and investor rights under joint operating agreements (JOAs).
Mr. Carruth has represented Chapter 7 trustees in all facets of estate administration and litigation, including the recovery of assets for the estate, the investigation and prosecution of fraudulent transfer claims and other avoidance actions, the recovery of preferential transfers, asset sales and auctions, the defense of affirmative claims against the estate, and the administration of claims and claims objections.
Mr. Carruth's experience includes the representation of unsecured creditors' committees during Chapter 11 proceedings, including the formation, oversight, and governance of the committee, investigation of the underlying debtor's assets and the activities of directors and officers, the evaluation of actions proposed by the debtor, and the debtor’s exit from bankruptcy.
Bankruptcy litigation and appeals.
Mr. Carruth's bankruptcy litigation experience includes the prosecution and defense of fraudulent transfer and preference claims, sales contract enforcement, director and officer liability claims, the appointment of trustees, lender liability claims, homestead and other exemption disputes, the protection of trade secrets and intellectual property, land title disputes, single business enterprise claims, disputes involving factors and factoring, temporary restraining orders and injunctive relief, actions to enforce indemnities and surety claims, releases of guarantors, ancillary proceedings (i.e., Chapter 15 proceedings), and federal tax appeals.
Mr. Carruth has also represented buyers of assets in the negotiation of auction procedures, stalking horse arrangements, due diligence and qualification disputes, and the prosecution of competitive auctions. Mr. Carruth’s practice further includes court, and from the district court to the court of appeals.
Liquidating trustee roles.
Mr. Carruth serves as a trustee for liquidating trusts created through confirmed Chapter 11 plans.
Boards of directors.
Mr. Carruth also has served in an individual capacity as a director on the board of a distressed restaurant chain in order to assist the company in its restructuring.