Phil Lamberson Image

Phil Lamberson

Shareholder; Chair, Business Restructuring/Bankruptcy Practice Group

Phillip Lamberson has extensive and varied experience in all areas of bankruptcy and out of court workouts.  Phil's practice principally involves representing lenders (including administrative agents, lender groups, indenture trustees, bondholders and bondholder groups) in Chapter 11 cases throughout Texas and across the nation. Phil also has substantial experience representing unsecured creditors, creditor committees, lessors, landlords, purchasers, equity holders, debtors and bankruptcy trustees.

Representative Experience

Lenders: Phil represents lenders in all areas of bankruptcy and workout, including DIP financing and cash collateral issues, plan negotiation and litigation, and inter-creditor issues. Phil also assists lenders in connection with their exercise of remedies, including foreclosure and Article 9 sales.

Creditors: Phil handles all aspects of unsecured creditor representation, including proof of claim issues, plan negotiation and litigation, and assumption and rejection of leases and contracts. Phil also regularly represents unsecured creditor committees.

Purchasers: Phil represents purchasers of assets from bankruptcy debtors, including negotiating, drafting and obtaining court approval of purchase documents.

Litigation: Phil prosecutes and defends all types of bankruptcy and insolvency litigation, including avoidance litigation, insider litigation, contract disputes and business tort claims. Phil also has extensive appellate experience, including several arguments to the U.S. Courts of Appeals.

Industries: Phil’s bankruptcy and workout experience spans numerous industries, including:

  • Energy 
  • Retail and Franchising
  • Real Estate
  • Aerospace and Airlines
  • Hospitality
  • Metals and Mining
  • Financial Services 
  • Healthcare
  • Construction
  • Power Generation and Transmission
  • Manufacturing 
  • Telecommunications
  • Foodservice 

see Transactions & Cases

Experience

Reported Decisions

  • In re Surety Capital Corporation, 440 Fed. Appx. 376 (5th Cir. 2011)
  • In re Waterpoint International, L.C., 330 F.3d 339 (5th Cir. 2003)
  • In re Waterpoint International, L.C., 279 B.R. 209 (S.D. Tex. 2002)
  • Roth v. Mims, 2003 WL 21245952 (N.D. Tex.)
  • In re Performance Nutrition, Inc., 239 B.R. 93 (Bankr. N.D. Tex. 1999)
  • In re Erstmark Capital Corporation, 2002 WL 1792213 (N.D. Tex.)
  • In re Mirant Corporation, 327 B.R. 262 (Bankr. N.D. Tex. 2005)
  • In re StatePark Building Group, Ltd., 2005 WL 440379 (N.D. Tex.)
  • In re Mirant Corporation, 334 B.R. 800 (Bankr. N.D. Tex. 2005)
  • In re ATP Oil & Gas Corporation, 537 B.R. 789 (2015)
  • Harvey Gulf International Marine (Bankr. S.D. Tex. 2015) 
  • Bennu Oil & Gas, LLC, 559 B.R. 152 (S.D. Tex. 2016)
  • Supreme Service & Specialty Co. v. Bennu Oil & Gas, LLC, 550 B.R. 110 (Bankr. S.D. Tex. 2016)