PRACTICE AREAS
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Well-known in Texas bankruptcy courts and with experience in courts throughout the country, the legal team at Ross, Smith & Binford is familiar with the myriad of challenges that arise in Chapter 11 bankruptcies. Whether representing debtors, trustees, creditors, potential purchasers, or other parties in interest, the firm has successfully gone head-to-head and prevailed against legal teams from some of the nation’s most renowned law firms to achieve our clients’ goals. Because our extensive background in Chapter 11 cases comes with the agility and price point of a smaller firm, Ross, Smith & Binford is uniquely equipped to offer practical solutions to the complicated bankruptcy problems of clients in a variety of markets.
The firm’s experience in Chapter 11 bankruptcies extends to cases brought under Subchapter V. Managing shareholder Frances Smith has been appointed to the Subchapter V Trustee Panel for the Northern and Eastern Districts of Texas. -
Bankruptcy is not always the best tool for companies experiencing financial distress. Ross, Smith & Binford attorneys know this and work with clients to develop creative solutions to the difficulties and disputes that come with insolvency. The firm has advised companies through out-of-court debt restructuring and workouts, extensive creditor negotiations, and organized wind-downs involving asset liquidation and resolution of creditor obligations. The firm has also represented directors and officers of companies regarding their individual duties and potential liabilities in the context of insolvency.
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Ross, Smith & Binford attorneys have experience in providing a variety of creditor-related services in the bankruptcy and insolvency context, ranging from filing and defending proofs of claim to representing committees of similarly situated stakeholders. The firm has seen repeated success in protecting creditor rights against debtor attempts to avoid or limit liability. The firm has also achieved favorable results for its creditor clients in defending them again fraudulent transfer or preference payment claw-back actions.
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Litigation and bankruptcy practice often go hand in hand, whether it be in the prosecution or defense of fraudulent transfer or preference suits or in the liquidation of claims against a debtor’s estate. With experience on all sides of every common bankruptcy litigation dispute, Ross, Smith & Binford attorneys are prepared to represent clients in bankruptcy court, federal district court, state court, and applicable appellate courts regarding all manner of matters involving bankruptcy or insolvency.
While focusing primarily in the area bankruptcy and insolvency, Ross, Smith & Binford attorneys have experience handling a variety of non-bankruptcy-related litigation matters in state and federal courts throughout Texas and beyond. This experience allows the firm to provide guidance and representation to its clients in a myriad of related areas, including franchise, collections, and receivership. -
Mediation brings all parties and their legal representatives together in an attempt to reach a mutually agreeable resolution that avoids the expense and risk of litigation. Mediation agreements are legally binding and can substantially reduce the litigation costs for all parties involved in a case.
Judith Ross, Frances Smith, and Neil Orleans are each mediators with long and distinguished careers handling business bankruptcy and insolvency disputes. Having developed an understanding of almost every major industry including energy, technology, real estate, manufacturing, mining, retail, hospitality, franchising, transportation, and others, they stand ready to mediate a variety of complex business disputes, whether or not bankruptcy issues are implicated. The firm is also available to host or represent parties in mediations. -
Ross, Smith & Binford managing shareholder Frances Smith has extensive experience with horses, livestock, and other animals. In bankruptcy or insolvency matters where issues of care, management, lien priority, and valuation may arise, swift action is often required to prevent or mitigate harm. Ms. Smith is available for trustee/fiduciary consultation and other representations involving these living assets.
The attorneys of Ross, Smith & Binford combine their considerable individual talents and experience to provide excellent representation to clients in the following practice areas and services: