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Best Lawyers Appoints Eight Haynes and Boone Partners as “Lawyers of the Year”

DALLAS/HOUSTON – Eight Haynes and Boone, LLP partners have been designated “Lawyers of the Year” in their practice area by Best Lawyers in America 2012, a well respected publication in the legal profession. This doubles the firm’s representation over last year. >>

Haynes and Boone Attorneys Widely Recognized by Texas Super Lawyers

DALLAS – Ninety-three Haynes and Boone, LLP attorneys were recognized in 2011 by Texas Super Lawyers. >>

Settlement Approved in think3 Chapter 11 Bankruptcy Proceeding; Italian Trustee’s Chapter 15 Petition Denied

AUSTIN – A federal bankruptcy judge has approved an agreement between Haynes and Boone, LLP client think3 Inc. and Versata FZ-LLC that settles the rights and ownership interests of Versata FZ-LLC and other matters at issue in think3’s Chapter 11 bankruptcy case. >>

Best Lawyers in America 2012 Honors Firm, Haynes and Boone Lawyers

DALLAS – Ninety-four Haynes and Boone, LLP attorneys have been included in Best Lawyers in America's 2012 ranking of the nation’s top legal talent. >>

Haynes and Boone Highly Recognized By Chambers USA

DALLAS – Fifty Haynes and Boone, LLP lawyers have been recognized by Chambers USA: America’s Leading Lawyers for Business 2011 in its annual law firm rankings. >>

Charles Beckham of Haynes and Boone Houston Named St. Mary’s University Distinguished Law Graduate

SAN ANTONIO – Haynes and Boone Partner Charles A. Beckham, Jr. has been named a 2010 St. Mary’s University Distinguished Law Graduate, an honor presented to two alumni annually for outstanding achievements in the legal profession and dedicated service to St. Mary’s. >>



Recent Publications

Weathering the Storm: Buyer Beware, Fifth Circuit Rules Purchasers of Reorganized Debtors Liable for Undervalued Claim

In an October 19, 2010 opinion arising out of the Scotia Pacific bankruptcy cases, the Fifth Circuit ruled that reorganized Scotia and its affiliate Pacific Lumber Company were obliged – nearly 2½ years after Scotia’s reorganization plan was consummated – to pay Scotia’s former secured lenders approximately $30 million on account of a mistake made by the bankruptcy judge in calculating the amount owed to the secured lenders for the use of their collateral during the bankruptcy cases. >>

Weathering the Storm: Delaware Bankruptcy Court Rules Bid Procedures in Section 363 Sale Were Unfair and Unreasonable

On September 30, 2010, in In re American Safety Razor, LLC, et al., Case No. 10-12351 (MFW), the United States Bankruptcy Court for the District of Delaware ruled that the debtors’ proposed bid procedures for the sale of the business were unfair and unreasonable. The bid procedures, among other things, provided too much discretion to the debtors in the auction process. >>



Charles A. Beckham, Jr.

Partner

Houston


1 Houston Center
1221 McKinney Street
Suite 2100
Houston, Texas 77010
T +1 713.547.2243
F +1 713.236.5638

New York


30 Rockefeller Plaza
26th Floor
New York, New York 10112
T +1 212.659.7300

Areas of Practice

Education

  • J.D., St. Mary's University School of Law, 1979, Articles Editor, St. Mary's Law Journal
  • B.B.A., University of Texas at Austin, 1976

Bar Admissions

  • Texas, 1979
  • New York, 2010

Charles Beckham has more than twenty-five years experience helping a broad spectrum of clients with bankruptcy and insolvency problems. 

He has assisted in a variety of transactions including:

  • Represented Americas Mining Corporation, a wholly owned subsidiary of Grupo Mexico, SA in the successful reorganization of ASARCO, LLP in its Chapter 11 proceeding in Corpus Christi, Texas. The AMC Plan of Reorganization resolved billions of dollars of claims and was confirmed over the objection of numerous creditors and other parties in interest.
  • Represents Lothian Oil, Inc., the Debtor in the Chapter 11 of this independent oil exploration and production company pending in the Western District of Texas. 
  • Represented Newfield Exploration Company in purchase of TXCO Resources, Inc.'s assets in Chapter 11.
  • Represented Agent for Bank Group in Chapter 11 of Magnolia Energy, L.P., the owner of a 900-MW power plant located in Mississippi. 
  • Represented the Co-Chair of the Creditors Committee in Chapter 11 of Enron Corp. 
  • Represented Calyon (now known as Credit Agricole Corporate and Investment Bank) in Chapter 11 proceeding of Yukos Oil Company pending in Houston, Texas. Obtained dismissal of Adversary Proceeding filed against Calyon and other lenders. 
  • Represented Agent for Working Capital Lenders in Chapter 11 of Texas Petrochemicals, L.P. 
  • Represented Agent for Bank Group in Chapter 11 of MFI Partners, LP, a franchisee of a nationwide chain of limited service hotels. Confirmed Creditor Plan of Reorganization over objection of Debtor. 
  • Represented Agent for Bank Group in Chapter 11 of Tri-Union Development Corporation. Recovered full amount of claim in approximate amount of $125 million for Bank Group pursuant to Plan of Reorganization. 
  • Represented Agent for Bank Group in the out-of-court restructuring of Darling International, Inc., the largest independent publicly held rendering company in the United States. 
  • Represented the Receiver for World Manufacturing Ltd. and Manufacturera del Bravo, Ltd., two British Virgin Island corporations with operations in the United States and Mexico. Assisted the Receiver in the recovery of assets in the United States, Mexico, the British Virgin Islands, the Cayman Islands, the Turks and Caicos Islands and Switzerland. 
  • Has represented secured lenders, unsecured creditors, debtors and trustees in a variety of industries including numerous oil and gas, power and energy related bankruptcies. 
  • Has represented numerous debtors and creditors with cross-border bankruptcy and insolvency problems in Mexico.

Selected Honors

  • St. Mary's University School of Law Distinguished Graduate, 2010
  • Recognized by Chambers USA as one of the leading practitioners in Texas for bankruptcy, 2005-2011
  • Named Best Lawyers' 2012 Houston Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law Lawyer of the Year; Recognized as one of the Best Lawyers in America - Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2010-2012, listed in The Best Lawyers in America for more than 10 years
  • Recognized as a Top 100 Houston Super Lawyer - Bankruptcy & Creditor/Debtor Rights, 2003-2011

Selected Presentations

  • "Do It Right or Get Off the Horse: Valuation of Lawsuits," panelist, Texas Bar CLE 29th Annual Advanced Business Bankruptcy Course, September 9, 2011.
  • "A Practical Guide to Restructuring and Bankruptcy Issues in the Energy Sector: What's Old is New," The University of Texas School of Law 28th Annual Jay L. Westbrook Bankruptcy Conference, November 19-20, 2009.
  • "Derivative Exposure and Counterparty Insolvency: Lessons Learned in the Current Market," presented to The 8th Annual Gas and Power Institute, September 11, 2009.
  • "Bankruptcy in the Oil Patch," University of Houston Law Foundation Advanced Oil & Gas Short Course, February 2009.
  • "The Continued Expansion of the Financial Market Protections Under the 2005 and 2006 United States Bankruptcy Code Amendments," presented at The Canadian Institute's 4th Annual Advanced Forum on Derivatives: Structuring/Documenting/Managing Risk, April 30-May 1, 2007.

Selected Representative Experience


Grossman v. Lothian Oil Incorporated (In re Lothian Oil, Incorporated), 650 F.3d. 539 (5th Cir. 2011)
In a case of first impression, persuaded the Fifth Circuit to reverse the district court's finding that a non-insider creditor's claims could not be recharacterized as equity, and instead affirm the bankruptcy court's recharacterization decision.

Cash Collateral for Drilling and Workovers
Represented secured creditor in several evidentiary hearings concerning the use of cash collateral for drilling and workovers during bankruptcy case. Successfully obtained multiple orders precluding the use of cash collateral for risky drilling and workovers.

Memberships

  • Board Certification: Business Bankruptcy Law, Texas Board of Legal Specialization and American Board of Certification
  • Fellow and 5th Circuit Regent, American College of Bankruptcy
  • Chair, Bankruptcy Law Section of the State Bar of Texas (2004-2006)
  • President (2006-2007) Moller/Foltz American Inn of Court
  • Chair, Bankruptcy Law Exam Commission of the Texas Board of Legal Specialization (2007-2010)
  • Co-Chair (2008-2010), Board of Directors of the United States/Mexico Bar Association
  • Chairman of the Board of Directors (1997-1998) World Trade Center El Paso/Juarez
  • President (1991-1992) Texas Young Lawyers Association
  • Member (1990-1993) Board of Directors, State Bar of Texas
  • Chair (2006-2007) Council of Chairs, State Bar of Texas
  • President (1990-1991) Border Bankruptcy Bar Association
  • Fellow, Houston Bar Foundation, Texas Bar Foundation and American Bar Foundation
  • Trustee, St. Mary's University School of Law - Law School Foundation
  • President (1996-1997), St. Mary's University School of Law Alumni Association

Online Publications

11/15/2010 - Weathering the Storm: Buyer Beware, Fifth Circuit Rules Purchasers of Reorganized Debtors Liable for Undervalued Claim
In an October 19, 2010 opinion arising out of the Scotia Pacific bankruptcy cases, the Fifth Circuit ruled that reorganized Scotia and its affiliate Pacific Lumber Company were obliged – nearly 2½ years after Scotia’s reorganization plan was consummated – to pay Scotia’s former secured lenders approximately $30 million on account of a mistake made by the bankruptcy judge in calculating the amount owed to the secured lenders for the use of their collateral during the bankruptcy cases.

10/19/2010 - Weathering the Storm: Delaware Bankruptcy Court Rules Bid Procedures in Section 363 Sale Were Unfair and Unreasonable
On September 30, 2010, in In re American Safety Razor, LLC, et al., Case No. 10-12351 (MFW), the United States Bankruptcy Court for the District of Delaware ruled that the debtors’ proposed bid procedures for the sale of the business were unfair and unreasonable. The bid procedures, among other things, provided too much discretion to the debtors in the auction process.

12/11/2009 - Weathering the Storm: Charter Communications Decision Allows Reinstatement of Debt
Many companies secured their financing several years ago when the credit market featured advantageous pricing and loose loan covenants. Because these favorable terms would be impossible for borrowers to obtain in today’s lending environment, many viable companies with highly leveraged capital structures are looking for strategies to restructure debt. Charter Communications (“Charter”), the country’s fourth largest cable television company, took a gamble during, arguably, the most challenging period in the modern era of global corporate finance.  See how the company's bold moves paid off. 

09/11/2009 - Derivative Exposure and Counterparty Insolvency: Lessons Learned in the Current Market
Almost all large (and many small) companies in today’s economy use derivatives in one way or another to hedge against future risk. Hedging allows a business to limit potential exposure to market fluctuation upfront (for a price) and instead focus on its strengths and core competencies.
 

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