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Education
  • George Mason University School of Law, J.D., 2009, cum laude; Articles Editor, George Mason Law Review
  • Texas A&M University, B.B.A. in Finance, 2003, magna cum laude
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  • New York
  • Texas
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  • E.D.N.Y.
  • S.D.N.Y.
  • E.D. Tex.
  • N.D. Tex.
  • S.D. Tex.
  • W.D. Tex.
professionalsBio
Joseph Bain
Partner
Suite 2900
811 Main St
Houston, TX 77002
713.437.1820 tel
646.512.8101 tel
713.437.1917 fax

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Joseph Bain is a partner in the firm's Business & Commercial Litigation Practice Group and practices from the firm's Houston office. His practice focuses on bankruptcy, business restructuring, workouts, and creditors' rights litigation. Mr. Bain also maintains a general commercial litigation practice.

Mr. Bain has experience advising clients and litigating a number of insolvency-related issues including valuation, Chapter 11 plan confirmation, cross-border (Chapter 15) bankruptcy issues, Chapter 7 liquidations, collection matters, financing and cash collateral disputes, Chapter 13 issues, contested 363 sales, fraudulent transfers, preferences, receivership issues, equitable subordination, issues stemming from an assignment for the benefit of creditors ("ABC"), recharacterization, substantive consolidation, breach of fiduciary duty and similar issues. Mr. Bain has also represented investment funds and financial service companies in distressed situations, including in-court and out-of-court restructurings and in pursuing distressed investment opportunities.

Mr. Bain regularly advises clients on insolvency issues that are specific to the oil, gas, and energy industries, including recharacterization risks, executory contract issues, treatment of statutory liens, application of bankruptcy safe harbors applicable to energy companies, treatment of utilities, and treatment of plugging and abandonment liabilities.

Mr. Bain is a graduate of Texas A&M University, where he received a Bachelor of Business Administration, magna cum laude, and earned his juris doctor degree, cum laude, from George Mason University School of Law. While in law school, he served as Articles Editor of the George Mason Law Review.

Noteworthy

  • Named a "Rising Star" in the 2018 edition of Texas Super Lawyers in the area of Bankruptcy (listed annually since 2016)

Representative Matters

  •  Regularly advises and represents a major retail energy provider on a number of energy-specific bankruptcy issues, including (i) treatment as a utility under the Bankruptcy Code, and (ii) application of the forward contract, swap agreement, and master netting agreement safe harbors contained within the bankruptcy code.
  • Represented a statutory lien holder in seeking relief from priming DIP order. Through Mr. Bain’s representation, the client successfully recovered its collateral—a wastewater disposal facility in Utah.
  • Represented a seismic interpretation company in seeking orderly liquidation by negotiating a distressed debt transaction coupled with a Chapter 7 bankruptcy filing.
  • Represented a fracking chemical manufacturer in a Chapter 15 international bankruptcy case and a Canadian Companies’ Creditors Arrangement Act ("CCAA") proceeding. As part of the litigation strategy, claims were pursued in state court to recover amounts from independent well operators based on Texas statutory lien rights. The cases were settled on favorable terms.
  • Represented a major retail energy provider in a number of collection matters and general commercial litigation matters across the United States.
  • Defended and advised a non-operator in statutory lien foreclosure proceeding in North Dakota resulting from insolvency of a well operator.
  • Represented an investment fund in defending against attempts to recharacterize the fund's position in term overriding royalties in offshore leases based on Louisiana law and the federal Outer Continental Shelf Lands Act after the well operator filed for Chapter 11 bankruptcy.
  • Represented a royalty trust in defending against attempts to recharacterize gas royalty interests under Alabama law in connection with bankruptcy filing by a metallurgical coal producer.
  • Represented investment funds as senior secured lenders of a geophysical company in defending against efforts to prime the funds' security interest in connection with Chapter 11 bankruptcy filing by the geophysical company.
  • Represented an oilfield service company in successfully recovering outstanding obligations from the operator for drilling operations performed in the Gulf of Mexico.
  • On a pro bono basis, represented survivors of Cameron Todd Willingham in a suit against the State of Texas, seeking posthumous exoneration from a capital murder conviction for which he was executed in 2004.

News

Publications

  • Co-Author, "'Regrettable' Effect of Rule 11 in Dow Corning Case"
    Law 360, September 24, 2013
  • Co-Author, "'Fool Me Once': A Director’s and Officer’s Guide to Avoiding the Mistakes of the Past”
    Norton Journal of Bankruptcy Law & Practice, Vol. 22 #1, Spring 2013
  • Co-Author, “Avoid Mistakes of the Past”
    Bankruptcy Strategist, May 2012
  • Co-Author, “Second Circuit Holds That Senior Creditors' 'Gifting' of Value to Existing Shareholder Under Reorganization Plan Violates Absolute Priority Rule”
    VC Experts, 2011
  • Co-Author, “Second Circuit Affirms Designation of Secured Lender Vote and Effective Cram Down: Warning to Vultures”
    Bankruptcy Strategist, February 2011
  • Co-Author, "In Re Scopac... 2 Years Later"
    Law 360, December 6, 2010

Memberships

  • American Bankruptcy Institute
  • The Hon. Arthur L. Moller-David B. Foltz American Inn of Court
  • Houston Bar Association
  • Houston Energy Finance Group
  • New York State Bar
  • State Bar of Texas