Attorneys

A Shareholder at McGuire, Craddock & Strother with more than 18 years of legal experience, David has successfully represented Chapter 11 debtors, trustees, oil and gas interest holders, committees, secured lenders, landlords, and unsecured creditors in a wide array of bankruptcy and adversarial proceedings throughout the United States. In addition to his bankruptcy practice, David has significant experience in commercial litigation matters, and has successfully represented both plaintiffs and defendants in state courts throughout Texas.

In addition, David is named to the Texas Rising Stars list by Thomson Reuters as published in Texas Monthly, 2007 – 2009, 2011, and 2012.

Representative Experience

  • Represented debtor and owner of 23-acre mixed-use development, and confirmed Chapter 11 plan over objection of primary secured creditor. Confirmation order affirmed on appeal by United States Court of Appeals for the Fifth Circuit.  In re Village at Camp Bowie I, L.P., 2012 WL 79091 (Bankr. N.D. Tex.), aff’d, 710 F.3d 239 (5th Cir. 2013).
  • Represented accounting firm employed by Chapter 11 debtor and obtained dismissal of U.S. Trustee’s appeal seeking to reverse bankruptcy court’s orders authorizing employment and approving payment of fees. In re Talsma, et al., Case No. 10-43790-DML-11 (memorandum opinions appealed by US Trustee found at 436 B.R. 908 (Bankr. N.D. Tex. 2010) and 468 B.R. 809 (Bankr. N.D. Tex. 2012)).
  • Obtained judgment for bank after trial denying debtor’s discharge under Bankruptcy Code Section 727(a) and determining that state court judgment is non-dischargeable under Section 523(a). In re Hoefer, 2010 WL 1658323 (Bankr. E.D. Tex. 2010).
  • Obtained summary judgment against Chapter 7 trustee’s claims of fraud, breach of warranty, conversion and for order seeking revocation of debtor’s discharge. Summary judgment affirmed on appeal by the 5th U.S. Circuit Court of Appeals. In re Paige, 2008 WL 2938545 (Bankr. N.D. Tex.), aff’d 610 F.3d 865 (5th Cir. 2010).
  • Represented primary secured lender of debtor and assisted in obtaining orders allowing for selective assumption and rejection of commercial leases with landlord and ultimately confirming joint plan. In re Wolflin Oil, LLC, 318 B.R. 392 (Bankr. N.D. Tex. 2004).
  • As counsel for Chapter 11 debtor, confirmed plan and obtained order determining that creditor was unsecured and not entitled to royalties or any property rights in debtor’s patent. Bankruptcy court’s decision determining creditor held no property interest in patent was affirmed on appeal. In re Estill Medical Technologies, Inc., 2004 WL 1773436 (N.D. Tex.).
  • Represented Chapter 11 debtor and obtained order denying former executive’s request for administrative expense priority on pre-petition severance claim. Bankruptcy court’s decision was affirmed by both the District Court for the Northern District of Texas and 5th U.S. Circuit Court of Appeals. In re Phones for All, Inc., et al., 249 B.R. 426 (Bankr. N.D. Tex. 2000), aff’d 262 B.R. 914 (N.D. Tex. 2001), aff’d 288 F.3d 730 (5th Cir. 2002).
  • Obtained a take-nothing judgment at trial on behalf of defendant in commercial guaranty suit on grounds that secured lender’s sale of heavy construction equipment was not commercially reasonable.
  • Regularly advises and represents landlords, banks, trade creditors and equity holders in Chapter 7 and Chapter 11 bankruptcy proceedings throughout Texas.
  • Frequently counsels and represents Chapter 7 trustees in all aspects of bankruptcy, including recovery and liquidation of assets, proofs of claim objection, and litigation of claims on behalf of the estate.
  • Successfully represented trustees and defendants in approximately 100 preference and fraudulent transfer actions throughout the United States.
  • As Chapter 11 debtor’s counsel, proposed and confirmed plans of reorganization in diverse industries, including real estate, technology, transportation and retail sales.
  • Commonly represents plaintiffs and defendants at trial and appeal in various bankruptcy litigation contexts including avoidance, claim determination and discharge disputes.
  • Successfully prosecuted to judgment hundreds of commercial collection claims filed on behalf of regional and national banks and creditors.
  • Effectively prosecuted, defended or settled various breach of contract, fraud, deceptive trade practice, employment, and other commercial disputes in state courts throughout Texas.

Education

  • J.D., Baylor University School of Law, 1997
    • Order of Barristers
  • B.S., Metropolitan State University, 1994
    • Varsity tennis team

Court Admissions

Admitted to practice before the United States District Courts for the Western District of Michigan, the Northern, Eastern, Southern and Western Districts of Texas and the 5th U.S Circuit Court Appeals

Professional Memberships

  • State Bar of Texas, 1997-present
  • John C. Ford American Inn of Court
  • Dallas Bar Association
  • American Bankruptcy Institute

Honors and Distinctions

  • Texas Rising Stars, Thomson Reuters, published in Texas Monthly, 2007 – 2009, 2011, and 2012

Speaking and Writing

  • Associate Editor, ABI 5th Circuit Decisions Update (2002-2009)
  • Speaker, “Chasing the Money: Employment Related Claims in Bankruptcy,” Texas Bar CLE: 19th Annual Advanced Employment Law Course, Austin, 2011
  • Author and speaker, “Getting Paid for Construction Work,” National Business Institute, Dallas, 2009
  • Author and speaker, “Recent Developments Under the BAPCPA,” Federal Bar Association – 4th Annual Federal Bankruptcy Practice Seminar, Dallas, 2007
  • Author, “Reclamation Under BAPCPA: A Model for Uniformity?” American Bankruptcy Institute Law Journal, July/August 2007 at p. 40