Frances A. Smith
Managing Shareholder
214.593.4976 direct
817.939.4808 mobile
frances.smith@rsbfirm.com
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Frances Smith is recognized for her expertise in bankruptcy and out of court restructuring, and her ability to negotiate a consensus among parties in dispute. Frances has represented clients in a wide range of local, national, and international businesses both in and out of bankruptcy courts throughout the United States.
Ms. Smith has been practicing law for over 20 years, first as a judicial law clerk, then as an associate at Haynes and Boone, LLP working on some of the largest bankruptcies in the country, and then as a partner at Shackelford, Bowen, McKinley, & Norton, LLP where she led the firm’s bankruptcy practice until joining forces with Judi Ross in 2019. Ms. Smith uses her knowledge of bankruptcy and restructuring to zealously represent debtors, creditors, landlords, and purchasers of assets in bankruptcy proceedings across the nation. She has extensive restructuring experience in the energy, hospitality, and retail sectors. She also has experience in franchise and agriculture restructuring and bankruptcy appellate practice.
Ms. Smith is the Immediate Past Chair of the Bankruptcy Section for the State Bar of Texas and is on the Executive Committee of the John C. Ford Bankruptcy Inn of Court, a professional organization recognized for excellence in providing quality bankruptcy educational programs. She is an accomplished speaker on restructuring, bankruptcy, and lending topics.
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• Defend claimant owed $49 million from fraudulent transfer litigation in In re Black Elk Energy Offshore Operations, LLC
• Represent former employees and claimants in In re Highland Capital Management, LP bankruptcy case and related adversary proceeding
• Represent The Huntington National Bank as Bond Trustee in In re BSPV-Plano, LLC
• Represented largest mineral interest owner in the Chesapeake Energy bankruptcy case resulting in payment and determination that claim was fully secured
• Represented large QSE provider in the Brazos Energy case
• Represented fast food franchises in bankruptcy cases
• Represented low-income housing provider in its Chapter 11 case
• Represents secured lender in the bankruptcy of assisted living centers
• Represents national equipment lessors in bankruptcy cases and out of court restructurings, including the reorganization of a trucking, healthcare, printing, and construction businesses
• Represents national car dealership owner in successful contested purchase of assets in Chapter 11
• Represented chemical company in purchase of assets in out-of-court restructuring
• Represented medical equipment lessor in Chapter 11 reorganization of multi-unit emergency center
• Represented car dealership in out of court restructuring
• Represented owner of 264 fast-casual restaurants in its Chapter 11 reorganization
• Represented franchisee of 26-unit restaurants in its Chapter 11 reorganization
• Represented a regional railroad in its Chapter 11 restructuring
• Reorganized a medical device development company is its Chapter 11 pre-packaged bankruptcy case
• Represented unsecured creditors committee in the Chapter 7 case of a printing company
• Represented real estate development company in its Chapter 11 reorganization
• Represented aircraft management companies in their Chapter 11 reorganizations
• Represented unsecured creditors group in the out-of-court restructuring of a printing company
• Represented Eagle Drilling as a creditor in the Blast Energy bankruptcy case. Responsible for drafting substantive pleadings, witness preparation, deposition preparation, trial preparation, and acting second chair at trial
• Represented purchaser in the acquisition of Pittsburgh Brewing Company, Inc. through a Chapter 11 plan. Responsible for managing case, drafting the plan and disclosure statement, working with local counsel, and negotiating claims with various creditors
• Represented Americas Mining Corporation and Asarco Incorporated in the Chapter 11 bankruptcy of their subsidiary. Responsible for drafting several substantive pleadings on executory contract issues in the both the main bankruptcy case and an adversary proceeding
• Represented Mirant Corporation and certain of its direct and indirect subsidiaries in their Chapter 11 cases in Fort Worth. Mirant was an international company whose core business is the production and sale of electricity and electrical capacity
• Represented of Link Energy f/k/a EOTT Energy Partners, LP in its pre-negotiated Chapter 11 proceedings, Lead Associate in post-confirmation matters. Responsible for settling, litigating and negotiating over 12,000 claims including successfully arguing at hearings on the claims
• Defended oilfield services provider in preference litigation
• Defended Wellspring Capital Management LLC in preference litigation in the Brook Mays Music Company bankruptcy case. Resulted in the dismissal of the lawsuit with prejudice with no damages awarded to plaintiff,
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• “Best Practices for Subchapter V Cramdown Plans,” Co-chair, Co-author, and panelist, 2023 Bench Bar Conference of the Bankruptcy Law Section of the State Bar of Texas, June 4-6, 2023, San Antonio, Texas
• “Appeals, Removals, Withdrawals: How to Get Into or Out of District Court,” Speaker, 18th Annual International Bankruptcy Law Conference, March 10-14, 2023, Barcelona, Spain
• “Special Issues in Bankruptcy Mediations,” Speaker, Dallas Bar Association Bankruptcy & Commercial Law Section, February 8, 2023, Dallas, TX
• “Special Issues in Bankruptcy Appeals,” Speaker, Bankruptcy Law Section of the State Bar of Texas Webinar, January 19, 2023
• “‘Why you want to leave me?’ – Removals, Appeals, Abstentions, and Withdrawals of Reference,” Speaker, Northern District of Texas Bench Bar Conference, June 16, 2022, Dallas, Texas
• “Appeals, Removals, and Withdrawals: How to Get into or Out of District Court”
• Co-Author and Panelist, 2022 Northern District of Texas Bankruptcy Bench Bar June 16, 2022
• “Current Developments in Bankruptcy,” Co-panelist, American Bar Association
• “Representing Fiduciaries in the Bankruptcy Context,” Co-Author and Panelist, TMANow-IWRIC Presentation, Dallas, Texas, June 27, 2019
• “Mindful Mediation: The Ways and Means of Successful Bankruptcy Mediation,” Co-panelist, Alternative Dispute Resolution Section, Dallas, Texas, April 8, 2018
• “Top Ten Things Real Property Attorneys Need to Know About Bankruptcy,” Author and Speaker, Real Property Section, Dallas, Texas, February 12, 2018
• “How to Foreclose on Personal Property in Texas,” Author and Speaker, 51st Annual William W. Gibson, Jr., Mortgage Lending Institute, Austin, Texas, September 28-29, 2017
• “Top 10 Things Mediators Need to Know About Bankruptcy,” Author and Speaker, Alternative Dispute Resolution Section Meeting, 2022
• “Removal, Withdrawal, and Appeal: How to Get into or Out of District Court,” Author and Panel Speaker, 13th Annual International Bankruptcy Law Seminar, held in Buenos Aires, March 2016
• “Claim and Claim Objections: A Review of the Rules,” Author, Panel Speaker, and Course Director, Bankruptcy 101 Course for the Texas Bar CLE, 2012
• “Avoiding the Blindside – Update on Chapter 11 Plan Provisions,” Author and Panel Speaker, Northern District of Texas Bankruptcy Bench/Bar Conference, May 2010
• “Texas Legislative Update: Open Roads Ahead: Texas Legislature Clears the Jam,” Co-author, State Bar of Texas Bankruptcy Law Newsletter, November 2009
• “Chapter 11: Recent Developments Part II – Cramdown,” Co-author, 14th Annual Bankruptcy Conference, November 2009
• “The Contested Confirmation: Traps, Potholes and Strategies in a Cramdown,” Co-author, American Bankruptcy Institute Southwest Bankruptcy Conference, September 2009
• “From Foreclosures to Future Employment,” Moderator, DFW Association of Young Bankruptcy Lawyers – SMU Panel Discussion, March 2009
• “Sauce for the Goose? Dual Standard Emerging in Cross Border Insolvencies: Domicile Not Enough to Recognize Foreign Proceedings,” Co-author, American Bankruptcy Institute, February 2009
• “Rule 9019 Settlements and the Confirmation Process: Favored Negotiation or the New Cramdown?,” Co-author, National Conference of Bankruptcy Judges, September 2008
• “Gift and Carve Out Plans and Other Developing Confirmation Issues in Chapter 11,” Co-author, National Conference of Bankruptcy Judges, October 2007
• “You Can Plan on It, An Overview of Priorities, Disclosure Statements, Plan Provisions, and Cramdown,” Co-author, Private Equity and Mezzanine Debt Financing, 2003
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• State Bar of Texas, 2001
• United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas United States Court of Appeals for the Fifth Circuit
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• Bankruptcy Section of the State Bar of Texas, Immediate Past Chair (present), Chair (2022-2023), Executive Committee (2018-present)
• Bankruptcy Section of the State Bar of Texas Bench Bar Seminar, Co-Chair, 2023, 2021
• The Honorable John C. Ford American Inn of Court, Executive Committee (2015–present), Membership Chair (2018–2020), Secretary/Treasurer (2016–2018), and Barrister
• Dallas Bar Association Bankruptcy Section, Member, Former Chair 2014
• DFW Association of Young Bankruptcy Lawyers, Former President 2010
• Dallas/Fort Worth Network of the International Women’s Insolvency and Reorganization Confederation (IWIRC), Board Member 2017, Secretary 2011, Member since 2008
• Texas State Bar Bankruptcy Section – Women in Bankruptcy Event 2020 – 2022 Planning Committee, January 2020
• The William J. Rochelle, Jr. Course on the Practice of Corporate Bankruptcy Reorganization Law, Administrator 2013, 2015, 2017, 2020, Guest Lecturer 2020
• Bankruptcy 101 – Course Director – 2016, 2015, 2014, 2013
• Veterans’ Bankruptcy Clinic – February 3, 2016
• N.D. Bench Bar – Planning Committee – 2010, 2012, 2014, 2016, 2018, 2020, 2022
• Texas Bankruptcy Bench Bar – Planning Committee – 2017, 2019, 2021, 2023
• Altrusa – Member 2016-2023
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• 2023 Lawdragon 500 Leading bankruptcy & Restructuring Lawyers
• Best Lawyers in America – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2018-2023
• D Magazine – Best Lawyers in Dallas – Bankruptcy and Workout Practice, 2018-2023
• Romina L. Mulloy-Bossio Achievement Award for Outstanding Young Bankruptcy Lawyer, 2011
• Rookie of the Year 2002 – John C. Ford American Inn of Court, William J. Rochelle, Jr. Course – The Practice of Corporate Bankruptcy Reorganization Law