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Berry Spears, Spears, Barry, Speers, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright, Bankruptcy, Reorganization, Creditors’ Rights, Bankruptcy and Insolvency, insolvency, restructuring, Chapter 11, electric utility industry, financial institutions, real estate, telecommunications, creditors' committee, avoidance actions, pre-packaged plans, plan of reorganization, asset sales, Austin, Houston, roll-up, bankruptcy litigation
Berry D. Spears - Fulbright & Jaworski LLP
Berry D. Spears
Partner
D: +1 713 651 5201 - (Houston)
D: +1 512 536 5246 - (Austin)
Houston
Fulbright Tower
1301 McKinney
Suite 5100
Houston, TX 77010-3095
T: +1 713 651 5151
F: +1 713 651 5246
Austin
98 San Jacinto Boulevard
Suite 1100
Austin, TX 78701-4255
T: +1 512 474 5201
F: +1 512 536 4598
AREAS OF CONCENTRATION
EXPERIENCE

Throughout his career, Berry Spears has been acknowledged as a successful legal practitioner with unique skills and savvy business insight. He has a broad background of experience and has represented clients in restructuring matters in numerous industries and commercial sectors, including telecommunications, real estate, retail, distribution, food services, manufacturing, and oil and gas. He regularly represents major financial institutions in nationally syndicated credits and restructurings.

While Berry has served companies in various industries, his significant work includes:

  • experience in the electric utility industry, working with cooperatives and independent power producers in a variety of matters;
  • leading the country's first successful restructuring of a significant "roll-up" in the residential and commercial plumbing, heating, ventilation and air conditioning (HVAC) market segment;
  • serving as debtors' counsel in the largest bankruptcy case ever filed in the state of Texas with debt of over $10 billion;
  • representing a major drilling contractor with operations in the Gulf of Mexico in its Chapter 11 filing; and
  • counseling a major energy company who has been sued in a fraudulent conveyance action for over $1.7 billion.
REPRESENTATIVE EXPERIENCE
  • Corporate restructuring and insolvency cases
  • Out-of-court restructuring agreements, plans of reorganization, including "prepackaged" plans and related disclosure statements
  • Advising official and ad hoc committees
  • Debtor-in-possession financing arrangements
  • All aspects of bankruptcy litigation, including avoidance actions (i.e., preference and fraudulent conveyance matters) and all matters pertaining to validity, perfection, priority and enforcement of security interests
  • Advising secured and unsecured lenders and creditors
  • Counseling with respect to relative rights of agent and other lenders in syndicated multiparty credit facilities, and of lead banks/participants under participation agreements
  • Purchasing, selling or liquidating troubled businesses or assets within or outside of bankruptcy cases
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • American College of Bankruptcy
    • Strategic Planning Committee (2009 - 2011)
    • Fifth Circuit Council (2011)
  • American Bankruptcy Institute (ABI) - Sustaining Member
    • Real Estate Committee, Co-Chair (2007 - 2010)
    • National Bankruptcy Rules Task Force (2006)
    • Unsecured Trade Creditors' Committee, Co-Chair (2003 - 2005)
  • International Bar Association (IBA) - Section on Insolvency, Restructuring Creditors' Rights
    • Enforcement of Creditors' Rights Subcommittee, Vice Chair (2009 - 2010)
  • State Bar of Texas
    • Bankruptcy Law Section - Chair (2008 - 2009)
    • Executive Council member (2004 - 2010)
  • American Bar Association
  • Houston Bar Association
  • Austin Bar Association
PROFESSIONAL HONORS
  • Chambers & Partners USA, "America's Leading Business Lawyers," Bankruptcy
  • The Best Lawyers in America, Bankruptcy and Creditor-Debtor Rights Law
  • "Texas Super Lawyer," Bankruptcy and Workouts, Law & Politics (2003 - 2011)
  • "Top 100 Attorneys in Houston" (2010)
  • "Top 100 Attorneys in Texas" (2008)
  • "Central Texas' Top 50 Attorneys" (2003 - 2008)
  • Texas Bar Foundation, Fellow
PUBLICATIONS
  • Co-author, "Seventh Circuit Protects Creditor’s Choice To Gamble on Real Estate Over U.S. Treasuries," Fulbright Briefing, February 8, 2012
EDUCATIONAL BACKGROUND

1982 - J.D., The University of Texas School of Law
1979 - B.A., Political Science and Business, Austin College (Sherman, Texas)

Berry is admitted to the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas, the United States Courts of Appeals for the Fifth and Eleventh Circuits and the United States Supreme Court.

CIVIC INVOLVEMENT
  • The Helping Hand Home for Children, Advisory Board (2004 - 2011)
  • Chaps Club, former Board of Directors
  • Episcopal Church of the Good Shepherd
  • Capital Area/United Way, Austin, Texas, former Board of Directors and Executive Committee






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"At Fulbright, I associate with great people, learn from the best lawyers, and service the best clients - all while maintaining a happy and healthy family at home."