Jeff Carruth

Representative Experience Represented debtors in Chapter 11 reorganization and liquidation cases, including numerous complex Chapter 11 cases and single asset real estate cases, and small business cases, including cases under Subchapter V of Chapter 11 and the Small Business Reorganization Act of 2019. Provided fresh start Chapter 7 proceedings for individuals who have debts, judgments, and other issues arising from the operation of a business.* Advised a variety of agricultural producers including farmers, ranchers, and feed yards regarding out-of-court restructuring and options under Chapter 11 and/or Chapter 12 (family farmer cases). Jeff also maintains an office in the Amarillo-Pampa area. Represented unsecured creditors committees during Chapter 11 proceedings, including the formation, oversight, and governance of the committee, investigation of the underlying debtors assets and the activities of directors and officers, the evaluation of actions proposed by the debtor, and the debtors exit from bankruptcy. Prosecution and defense of §548 fraudulent transfer and §547 preference claims, sales contract enforcement, director and officer (D&O) 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 (TROs) and injunctive relief, actions to enforce indemnities and surety claims, releases of guarantors, foreign bankruptcy ancillary proceedings (i.e., Chapter 15 proceedings), and federal tax appeals. Represented buyers of assets in the negotiation of auction procedures, stalking horse arrangements, access to due diligence and qualification disputes, and the prosecution of competitive auctions. Managed appeals from the bankruptcy court to the district court and/or the court of appeals. Represented Chapter 7 trustees in all facets of estate administration and litigation, including the recovery of assets, the investigation and prosecution of §548 fraudulent transfer claims and other avoidance actions, the recovery of preferential transfers, director and officer (D&O) liability claims, asset sales and auctions, the defense of affirmative claims against the estate, and the administration of claims and claims objections. Served as a trustee for liquidating trusts created through confirmed Chapter 11 plans. Boards of directors. Served in an individual capacity as a director on the boards of distressed businesses in order to advise on restructuring options and strategic planning. Represented owners, property managers, landlords, and tenants in lease negotiations and modifications, lease enforcement disputes, and related matters, and buyers and sellers in real estate transactions. Advised transactions undertaken as part of a bankruptcy case, and advises and participates in mergers, acquisitions, asset sales and purchases, and other transactions. Prosecuted and defended business disputes outside of bankruptcy cases in state and federal court. Represented financial institutions and other creditors in foreclosures and the enforcement of liens and other remedies against real property and personal property collateral, the reduction of claims to judgment, and the implementation of post-judgment remedies.