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James Muenker

James Muenker

Partner
About

James has more than 25 years of experience representing publicly and privately held companies, boards of directors, equity holders, lenders, official and ad hoc committees, creditors’ trusts and trustees, high net-worth individuals and major stakeholders in a variety of restructuring matters, commercial disputes and other transactions.

James also regularly represents purchasers and sellers in distressed M&A transactions, including those occurring under section 363 of the Bankruptcy Code and Article 9 of the Uniform Commercial Code.  While James represents clients across all industries, he has significant experience in the health care, energy, hospitality, media and sport industries.

Areas of FocusRestructuring
Bar admissionsTexas
CourtsUnited States District Court for the Northern District of TexasUnited States District Court for the Southern District of TexasUnited States District Court for the Eastern District of TexasUnited States Court of Appeals for the Fifth Circuit

EXPERIENCE

Notable debtor/company representations:
  • Representation of multiple continuing care retirement communities in restructuring matters.
  • Representation of a large operator of a group of senior living facilities in connection with their chapter 11 bankruptcy cases (In re New Louisiana Holdings, LLC, Bankr. W.D. La.).
  • Representation of a luxury boutique hotel in Honolulu, Hawaii in its successful reorganization under chapter 11 of the Bankruptcy Code (In re M. Waikiki, LLC, Bankr. D. Hawaii).
  • Representation of a luxury boutique hotel in Fort Lauderdale, Florida in its successful reorganization under chapter 11 of the Bankruptcy Code (In re Il Lugano, LLC, Bankr. D. Conn.).
  • Representation of a hedge fund and affiliated entities in their chapter 11 bankruptcy cases (In re Sagecrest II, LLC, Bankr. D. Conn.).
  • Representation of a publicly traded media company and its affiliates in their chapter 11 bankruptcy cases and the sale of their network of television stations (In re Equity Media Holdings, LLC, Bankr. D. Ark.).
  • Representation of a seller of a minor league professional hockey franchise in a private transaction and out-of-court workout.
  • Representation of the upstream equity owner of two professional sports franchises in connection with each of the sport franchises' respective chapter 11 bankruptcies (In re Texas Rangers Baseball Partners, Bankr. N.D. Tex., and In re Dallas Stars LP, Bankr. D. Del.).
  • Representation of an oilfield services company in a consensual out-of-court restructuring.
  • Representation of a multifamily residential housing complex in Littleton, Colorado in connection with its chapter 11 bankruptcy case and sale (In re Littleton Apartments, LLC, Bankr. N.D. Tex.).
  • Representation of a regional furniture company and the sale of its assets in its chapter 11 bankruptcy case (In re FFW Opco, Ltd., Bankr. N.D. Tex.).
  • Representation of Curtis "50 Cent" Jackson in connection with his successful reorganization under chapter 11 of the Bankruptcy Code.
  • Representation of a major metals supplier to the oil and gas industry in an out-of-court workout and sale of its assets through a "friendly" foreclosure sale pursuant to Article 9 of the Uniform Commercial Sale.
  • Representation of an oil & gas company in its chapter 11 bankruptcy case (In re Tekoil & Gas Corp., Bankr. S.D. Tex.).
  • Representation of Enron Corp., and its affiliated debtor entities in their chapter 11 bankruptcy cases (Bankr. S.D.N.Y.).
  • Representation of a telecom company in its successful reorganization under chapter 11 of the Bankruptcy Code (In re NextWave Telecom Inc., Bankr. S.D.N.Y.).
  • Representation of another telecom company in its successful reorganization under chapter 11 of the Bankruptcy Code (In re GWI PCS, Inc., Bankr. N.D. Tex.).
Notable creditor, committee, and trustee representations:
  • Representation of the senior, secured lender and certain affiliated service providers in the chapter 11 bankruptcy cases of a large group of skilled nursing facilities (In re Gulf Coast Health Care, LLC, Bankr. D. Del.). 
  • Representation of the agent for a group of equipment term lenders in connection with a US$200 million term loan in the chapter 11 bankruptcy of an oilfield services company (In re BJ Services, LLC, Bankr. S.D. Tex.).
  • Representation of the official committee of residents in the chapter 11 bankruptcy of a continuing care retirement community (In re Mayflower Communities, Inc., Bankr. N.D. Tex.).
  • Representation of an ad hoc group of proposed class action plaintiff representatives in the chapter 11 bankruptcy of a provider of online personal loans (In re Eventide Credit Acquisitions, LLC, Bankr. N.D. Tex.).  
  • Representation of a leading health care system in connection with the chapter 11 bankruptcy of one of their joint venture partners, the operator of a network of independent emergency rooms, and its acquisition of the debtor’s interest in that joint venture (In re Adeptus Health Inc., Bankr. N.D. Tex.).
  • Representation of a post-confirmation creditors’ trust in connection with the resolution of claims and related matters arising out of the chapter 11 bankruptcy of a manufacturer of polybutylene plumbing systems (In re U.S. Brass Corp., Bankr. E.D. Tex.).
  • Representation of a chapter 7 trustee in the pursuit and settlement of fraudulent transfer and D&O claims related to a leveraged roll-up of regional trucking companies (In re AmeriTruck Distribution Corp., Bankr. N.D. Tex.). 
  • Representation of various lenders in connection with foreclosures under Article 9 of the Uniform Commercial Code.
Other notable representations: 
  • Representation of a purchaser of assets related to the administration of the federal 340B drug pricing program under section 363 of the Bankruptcy Code (In re Medly Health Inc., Bankr. D. Del.).
  • Representation of the plan sponsor and purchaser of interests in the reorganized debtor in connection with the chapter 11 bankruptcy of an oilfield services company (In re Newsco International Energy Services USA, Inc., Bankr. S.D. Tex.).
  • Representation of a purchaser of long-term acute care hospitals under section 363 of the Bankruptcy Code (In re Hospital Acquisition LLC, Bankr. D. Del.).
  • Representation of a purchaser of a large group of skilled nursing facilities under section 363 of the Bankruptcy Code in a transaction valued at over US$200 million (In re 4 West Holdings, LLC, Bankr. N.D. Tex.).
  • Representation of an international law firm in connection with the resolution of claims asserted by a liquidating trustee. 

*Certain of the above representations by James occurred prior to his joining DLA Piper LLP (US).

Education
  • J.D., University of Oklahoma
  • B.S., Oklahoma State University

Seminars

Speaking engagements
  • Presenter, "Restructuring Boot Camp Part 2: Legal Principles and Ethics," Turnaround Management Association, May 2021
  • Speaker, "The Year is 2020 in Finance, Investments & Transactions, Panel II COVID-19 & Contract Provisions," Energy Bar Association, November 2020

Memberships And Affiliations

  • John C. Ford American Inn of Court, Master

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