This week, the law firm Holland & Knight and its partner Bill Banowsky asked U.S. Bankruptcy Judge Marvin Isgur to dismiss a bankruptcy trustee’s fraud lawsuit against them for failure to state a claim. Holland & Knight and Banowsky argued the trustee had obscured “the facts upon which it must rely for wrongdoing against defendants in this case.”
Sunnova Selects Bracewell, Alvarez & Marsal for Bankruptcy Advisors
Residential solar company Sunnova TEP Developer, a subsidiary of Houston-based Sunnova Energy International, filed for Chapter 11 bankruptcy protection this week in the Southern District of Texas.
U.S. Trustee and Jackson Walker to Mediate Judge Jones Fee Dispute
Jackson Walker has agreed to attempt to mediate claims brought by federal officials that the Dallas-based law firm should be forced to return millions of dollars it was paid in legal fees from 33 bankruptcy cases in which Jackson Walker lawyers failed to disclose that one of its former partners had a romantic relationship with the Houston judge who was presiding over those cases. The U.S. Bankruptcy Trustee in the Southern District of Texas and lawyers for Jackson Walker filed a joint notice Friday stating that they “intend to participate in an in-person mediation” between June 16 and July 1.
(2020 file photo of David Jones by Brett Coomer/Houston Chronicle via Getty)
Mikal Watts to J&J Bankruptcy Judge: Give Us a ‘Do Over’
Some plaintiffs’ lawyers representing tens of thousands of women claiming that Johnson & Johnson talc powder caused their ovarian cancer have asked a Houston judge to give them a second chance. Attorneys representing different groups of women asked U.S. Bankruptcy Judge Christopher Lopez to reverse his March 31 decision to dismiss the Chapter 11 bankruptcy petition filed by Red River Talc, a subsidiary of J&J, but to allow the parties to either fix the flaws in the previous petition or to send the entire case to mediation. But an opposing group of lawyers who also represent more than 20,000 women, including 465 women in the Dallas area, told The Texas Lawbook Wednesday that this new effort to reopen the bankruptcy is just another attempt by J&J “to force unreasonably low settlements on women already suffering from life-threatening illness and financial hardship.”
Kirkland, Norton Rose Fulbright to Advise Clean Energy Business in Billion-dollar Bankruptcy
California-based Global Clean Energy Holdings, a renewable fuels company, filed for Chapter 11 bankruptcy protection in the Southern District of Texas early Wednesday. Citing between $1 billion and $10 billion in liabilities and assets in its original petition, Global Clean Energy and 15 of its affiliated companies hired Kirkland & Ellis as its lead legal advisor and Norton Rose Fulbright Houston partner Jason Boland as its local legal bankruptcy counsel.
Bankruptcy Judge Isgur Rips GWG Holdings Trustee’s Lawyers on Lack of Due Process Notice to Investors
U.S. Bankruptcy Judge Marvin Isgur ended a hearing Friday morning in the GWG Holdings case after finding lawyers for the trustee had failed to meet their due process obligations under the constitution to provide bondholders with notice of how a proposed settlement would impact them. “I find there is not due process notice and this is not a close call,” he said, adding the effort of the lawyers to inform bondholders, some of whom put their life savings in the company, that they could expect to get back only about 3 percent of what they invested was “completely deficient” and “an embarrassment.”
WDTX Chief Judge Removes Jackson Walker Bankruptcy Fee Cases from SDTX Chief Bankruptcy Judge
Chief U.S. District Judge for the Western District of Texas, Alia Moses, has taken control of the 34 bankruptcy cases where the U.S. Trustee is seeking to clawback millions in fees awarded to Dallas-based
Jackson Walker. “This unique case nevertheless requires stiff measures. The need to reestablish public trust and
confidence in the court system alone impels withdrawal in this highly unusual case,” she wrote.