Archive

Michael J. Quilling

Practice Description

Mr. Quilling functions as a receiver in cases throughout the United States and Canada. Please visit www.secreceiver.com for more information.

He also represents companies, individuals and creditor committees in all aspects of bankruptcy matters under Chapters 11 and 7 of the Bankruptcy Code. He also represents parties in cases involving contract disputes and business torts.

Current SEC Receivership Cases

Securities and Exchange Commission v. ABC Viaticals, Inc., C. Keith LaMonda, and Jesse W LaMonda, Defendants and LaMonda Management Family Limited Partnership, Structured Life Settlements, Inc., Blue Water Trust and Destiny Trust, Relief Defendants; Civil Action No. 3:06-CV-2136-P (N.D. Tex.) (approximately 4000 claimants and $120 million of investor funds)

Securities and Exchange Commission v. Secure Investment Services, Inc., American Financial Services, Inc., Lyndon Group, Inc., Donald F. Neuhaus, and Kimberly A. Snowden,Civil Action No. 2:07-CV-01724 GEB CMK (E.D. Cal.) (approximately 600 claimants and $30 million of investor funds)

Other Current Receivership Cases

Ann Nosratieh, as Executrix on behalf of the Estate of Robert Laird Lindsay, as Representative Plaintiff- and- Strategic Metals Corp. and Capital Alternatives Inc., Defendants; (Court of the Queen’s Bench of Alberta, Judicial District of Calgary)

Selected Published Cases

Quilling v. Cristell, No. 3:04-CV-252, 2006 WL 316981 (W.D.N.C. Feb. 9, 2006)

Quilling v. Grand Street Trust, No. 3:04-CV-251, 2005 WL 1983879 (W.D.N.C. Aug. 12, 2005)

Quilling v. Compass Bank, No. No. 3:03-CV-2180, 2004 WL 2093117 (N.D. Tex. Sep. 17, 2004)

Quilling v. Gilliland, No. 3:01-CV-1617, 2002 WL 373560 (N.D. Tex. Mar. 6, 2002)

Peavy v. Harman, 37 F. Supp. 2d 495 (N.D. Tex. 1999)

Goodspeed v. Harman, 39 F. Supp. 2d 787 (N.D. Tex. 1999)

In re Pro-Snax Distributors, Inc., 204 B.R. 492 (Bankr. N.D. Tex. 1996)

Simpson v. MBank Dallas, N.A., 724 S.W.2d 102 (Tex. App.–Dallas 1987)

In re Norriss Brothers Lumber Company, Inc., 133 B.R. 599 (Bankr. N.D. Tex. 1991)

Myers v. Ginsburg, 735 S.W.2d 600 (Tex. App.–Dallas 1987)

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2003-2013)

“Best Bankruptcy Attorney” (D Magazine, 2009 & 2011)

“Texas Top-Rated Lawyers” (Dallas Morning News & The Wallstreet Journal, 2012)

“Top 100 Texas Lawyers” (Texas Monthly magazine, 2006)

AV ® PREEMINENT Martindale-Hubbell rating

Christopher J. Moser

November 29, 2013

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Practice Description

Mr. Moser’s practice involves all aspects of commercial and consumer bankruptcy law. Representation primarily involves Chapter7 and Chapter 11 Trustees and debtors. Representation also includes commercial debtors, consumer debtors, secured and unsecured creditors in Chapter 7, 11 and 13 cases.

Representative Experience

Prior in-house counsel for Bonnet Resources Corporation, a Bank One subsidiary

Panel Chapter 7 Trustee in the Eastern District of Texas, Sherman Division

Selected Publications, Seminars and Cases

Attorney of record and/or trustee in the following published cases:

In re Leff, 88 B.R. 105 (Bankr. N.D. Texas 1988)
Stewart v. Law Offices of Dennis Olson, 93 B.R. 91 (N.D. Texas 1988), aff’d, 878 F.2d 1432 (5th Cir. 1989)
In re Dowco Petroleum, Inc., 137 B.R. 207 (Bankr. E.D. Texas 1992)
In re Witts, 180 B.R. 171 (Bankr. E.D. Texas 1995)
In re Robinson, 180 B.R. 174 (Bankr. E.D. Texas 1995)
In re Tinsley, 217 B.R. 188 (Bankr. N.D. Texas 1998)
Painwebber Inc. and Admiral Insurance Co. v. Murray, 260 B.R. 815 (E.D. Texas 2001)
In re Horne, 277 B.R. 320 (Bankr. E.D. Texas 2002)
In re Tomlin, 280 B.R. 374 (Bankr. N.D. Texas 2002)
In re Harbor Financial Group, Inc., 303 B.R. 124 (Bankr. N.D. Texas 2003)
Homecomings Financial Group Network, Inc. v. Litzler, 2004 W.L. 614845 (N.D. Texas 2004)
In re Ekuban, 177 Fed. Appx. 407, 2006 W.L. 1049130 (5th Cir. 2006)
In re Eisner, 2007 W.L. 2479654 (Bankr. E.D. Texas 2007)
In re Chambers, 2008 W.L. 540872 (Bankr. E.D. Texas 2008)
In re Parkway Sales and Leasing, Inc., 411 B.R. 337 (Bankr. E.D. Texas 2009)
In re Mullican, 2008 W.L. 5191196 (Bankr. E.D. Texas 2008)
In re Mullican, 417 B.R. 408 (E.D. Texas 2009)
In re Chambers, 419 B.R. 652 (Bankr. E.D. Texas 2009)
In re Chilton, 426 B.R. 612 (Bankr. E.D. Texas 2010)
In re Jacobsen, 2010 W.L. 2388425 (5th Cir. 2010)
In re Jacobsen, 609 F.3d 647 (5th Cir. 2007)
Thaw v. Moser, 769 F.3d 366 (5th Cir. 2014)
Feuerbacher v. Moser, 2012 WL 1070138 (Bankr. E.D. Texas 2012)
Chilton v. Moser, 674 F.3d 486 (5th Cir. 2012)
In re Goushey, 2011 WL 2470029 (Bankr. E.D. Texas 2011)
In re Brown, 375 B.R. 348 (Bankr. E.D. Texas 2007)

Co-Authored article entitled Representing Trustees – Client Confidentiality and the Attorney-Client Privilege. Published by National Conference of Bankruptcy Judges in 1988.

Awards & Honors

Board Certified by the Texas Board of Legal Specialization in both Business Bankruptcy Law and Consumer Bankruptcy Law since 1990.

Best Bankruptcy Lawyer in Dallas (D Magazine, 2012 & 2013)

“Texas Super Lawyers” (Texas Monthly magazine, 2003, 2005-2007, 2013)

AV ® PREEMINENT Martindale-Hubbell rating

Kenneth A. Hill

November 9, 2013

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Practice Description

Mr. Hill advises parties in business litigation matters involving contract disputes, receiverships, landlord-tenant issues, debt collection, deceptive trade practices, fraud, and other business disputes.

He works with companies and individuals in all aspects of bankruptcy matters under chapters 7, 11 and 13 of the Bankruptcy Code. Combines the highest standards of client service with extensive experience and legal expertise to provide excellent representation to every client every time.

Representative Experience

Nineteen years of experience representing a wide array of businesses and individuals in business litigation and bankruptcy matters.

Recovered damages on leases and secured financing transactions for several banks and finance companies.

Recovered delinquent receivables for a national aviation company.

Represented the franchisee of several fast food restaurants in an orderly business liquidation under chapter 11 of the Bankruptcy Code.

Represented a financing company defending a multi-million dollar fraudulent transfer claim arising out of a bankruptcy case.

Represented individuals in a federal lawsuit against a local television station for violations of federal and state wiretap laws.

Selected Publications, Seminars and Cases

Goodspeed v. Harman, 39 F.Supp.2d 787 (N.D. Tex. 1999)

Peavy v. Harman, 37 F.Supp.2d 495 (N.D. Tex. 1999)

Peavy v. WFAA-TV, Inc., 221 F.3d 158 (5th Cir. 2000)

Bailey v. Sorenson Laboratories, Inc., 217 B.R. 523 (Bankr. E.D. Tex. 1997)

Awards & Honors

AV ® PREEMINENT Martindale-Hubbell rating

Charles F. Baum

November 9, 2013

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Practice Description

Mr. Baum runs a diverse financial institution and transactions-oriented practice. Handles work-outs, mortgage related litigation, commercial and residential foreclosures, collections, real estate purchase and sale, landlord-tenant, creditors’ and trustees’ rights in bankruptcy, asset and business purchase and sale, and general real estate, mortgage lending, corporate, and title curative matters.

Representative Experience

Handled and/or closed over 500 commercial foreclosures, REO/ORE purchase and sale transactions and commercial workout matters.

Acted as lead counsel in over 100 bankruptcy adversary proceedings.

Represented financial institutions in over 100 title, lien priority, or lien perfection matters.

Resolved over 5,000 mortgage banking litigation matters.

Represented Chapter 7 trustee in liquidation of six mortgage companies.

Served as in-house counsel for two major mortgage lenders.

Represented buyers and sellers of commercial real estate and associated entities.

Assisted buyers and sellers of assets and operating businesses.

Selected Publications, Seminars and Cases

“When Tenant Files Bankruptcy During Eviction” – Sterling Education Services, Inc. (2004)

“ Residential Eviction and Trial” – Sterling Education Services, Inc. (2004)

In re Harbor Financial Group, Inc. 303 B.R. 124 (Bankr. N.D. Texas 2003)

Awards & Honors

AV ® PREEMINENT Martindale-Hubbell rating