Lender Liability Disputes

Lender Liability Disputes

Take-nothing summary judgment for national bank in lender liability, fraud, negligent misrepresentation case, with damages claimed in excess of $5 million. Judgment affirmed per curium by the United States Court of Appeals for the Fifth Circuit. No. 3:97-CV-1361; Absolute Resource Corp. v. Hurst Trust, et al., United States District Court, Northern District of Texas, Dallas Division. Opinion: Absolute Resource Corp. v. Hurst Trust, 76 F.Supp.2d 723 (N.D. Tex. 1999).
Represented defendant financial institution in claims involving alleged misleading advertisements and lender liability. Summary judgment of no liability for defendant. No. 3:96 CV-689; Seth v. Service Merchandise Co., et al.; United States District Court, Dallas Division.
Served as lead trial counsel to liquidating trusts that recovered more than $40 million in settlement of fraudulent transfer and breach of contract litigation.
Represented creditors’ committee in Chapter 11 case where the debtors and the committee successfully resolved approximately $1.7 billion in cross-border intercompany claims and hundreds of millions of dollars in third-party claims against the debtors.
Obtained $8 million judgment after two-week trial on fraudulent transfer and contract claims against former CEO of medical practice roll-up company.
Represented equity committee in plan confirmation litigation that led to negotiated resolution where pre-bankruptcy stockholders retained majority of shares of reorganized entity.
Represented secured creditor in successful challenge to plan confirmation involving high-rise condominium building.
Obtained receiver over office building on behalf of secured lender, and later obtained dismissal of Chapter 11 case filed by borrowers in attempt to avoid foreclosure.

“In my 35+ years of business, they are the best litigation firm I’ve worked with. They are extremely intelligent and knowledgeable, which enables them to quickly pick up the most complex matters and run with them.”

A. Mack Pogue
Founder and Chairman
of the Board
Lincoln Property Co.
Dallas, TX