J. Mark Chevallier

Partner

Education

• LSU, (Law Review; Order of the Coif)

Licensed to Practice

• Louisiana, 1988
• Texas, 1989

Practice Areas

• Corporate Bankruptcy and Reorganization
• Business Litigation, (emphasis on debtor/creditor and insolvency litigation)

Representative Matters as Lead and Co-Lead Counsel

• Lead Debtor’s Counsel in Ch. 11 case of debtor which owned a substantial retail/office center.  Confirmed a cram down plan over senior secured lender’s objection.  Confirmation was affirmed on appeal at 5^th Circuit.  5^th Circuit opinion established circuit precedent on the issues of “artificial impairment” and “good faith”.
• Co-Lead Counsel defending international bank group in a €136 million fraudulent transfer case arising out of large energy company Chapter 11 case.  Obtained summary judgment in favor of bank group that was affirmed on appeal to the 5^th Circuit.
•  Lead Counsel for Official Equity Committee of software company debtor in Delaware.  The Equity Committee obtained appointment of  Ch 11 Trustee.  Then Equity Committee was co-proponent with Trustee of a liquidating plan which resolved class action securities fraud litigation against debtor and resulted in substantial recovery for equity holders.
•  Lead Counsel for REIT in liquidating bankruptcy case of sub-prime mortgage lender in Delaware.  Protected REIT’s interest in liquidating plan which included resolution of class action securities litigation and ultimately wound up REIT through sale of  securities owned by the REIT consisting of  the residual first loss positions in 18 RMBS securitization trusts and 2 bond issues from 2 of the securitizations.
•  Lead Counsel for Liquidating Trustee of home health company that confirmed liquidating plan.  Trust successfully prosecuted multiple actions against health care insurers to collect accounts receivable and numerous preference actions.  Ultimately paid in excess of $20 million to beneficiaries of trust.
•  Co-Lead Debtor’s Counsel in Ch. 11 case of European shoe company’s US subsidiary.  Successfully confirmed Chapter 11 Plan that rejected numerous leases at unprofitable stores and cleaned up Debtor’s balance sheet.
• Co-Lead Counsel in dispute between two banks involving fraudulent manipulation of UCC filings by one of the banks.  Successfully reversed District Court summary judgment in favor of opponent bank at the 10^th Circuit(Fed.) and thereafter favorably settled case against opponent bank.
• Lead Counsel to appellee which prevailed in bankruptcy appeal to the 5^th Circuit establishing precedent on administrative priority of severance claims arising from post-petition termination of executive employed under pre-petition employment contract.
• Lead Counsel to secured lender in multiple cases involving a luxury hospital chain failure.  Client recovered all of its operating loans in full and foreclosed on and ultimately sold the one facility on which client held mortgage lien.
•  Lead Counsel to majority equity group and DIP Lender in Chapter 11 case of start up entity engaged in wireless power technology business.  Successfully confirmed competing plan of reorganization and when client could not fund reorg. plan and confirmation was revoked, successfully represented client in purchase of assets of debtor.
• Frequently  represent Chapter 7 Trustees as general counsel in cases returning substantial dividends to creditors.  Also frequently serve as special counsel to liquidating and Chapter 7 Trustees in litigation matters including fraudulent transfer, preference and D & O litigation.
• Frequently represent creditors and parties in interest in bankruptcy cases, including landlords, suppliers, secured and unsecured lenders, equity holders, official committees, trustees, equipment lessors, and members of management and boards of companies operating as a debtor-in-possession.