Fulbright & Jaworski L.L.P.
- Corporate
- Bankruptcy and Insolvency
- Corporate Reorganization
- Alter Ego
- Single Business Enterprise
- Securitization
- International Creditors' Rights
Evelyn H. Biery, head of Fulbright’s Bankruptcy and Insolvency practice, has practiced law for 34 years and concentrates on creditors’ rights, bankruptcy, reorganization and insolvency matters.
Recognized as an international authority on bankruptcy, reorganization and creditors’ rights matters, especially piercing and preserving the corporate veil, Evelyn has represented creditors, creditors’ committees, debtors and liquidators in nationally and internationally significant reorganization cases. She has represented parties in interest in some of the largest bankruptcy matters in the United States.
At the trial court level and also the appellate level, Evelyn has successfully litigated complex cases involving asset purchases and sales, plan confirmation and enforcement, core and related matter jurisdiction, res judicata and collateral estoppel, removal and remand, assumption and rejection of executory contracts, and preservation and avoidance of mineral interests.
In recent years she has assisted secured creditors, and unsecured creditors in the Calpine, Mirant, and Enron cases, and the official committees of unsecured creditors in the Asarco LLC case and Eott Energy Partners reorganization case. She also represents major energy, banking, computer, utility, trucking, housing, hotel, insurance, manufacturing, farming, ranching, land development, in reorganization and liquidation cases throughout the world.
Evelyn has represented:
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Official Committee of Unsecured Creditors for ASARCO LLC, a leading miner, refiner and smelter of nonferrous metals with assets in over twenty states, ranked in the Fortune 500 every year from 1955 through 1998
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Official Committee of Unsecured Creditors for EOTT Energy Partners, LLC, a North American marketer and transporter of crude oil with 8,000 miles of intrastate and interstate pipeline and gathering systems, achieving in six months a confirmed plan of reorganization covering $1 billion of debt
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Official Committee of Unsecured Creditors for Spector Red Ball Company, the sixth largest trucking company in the United States, in the reorganization of hundreds of millions of dollars in debt
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Official Committee of Unsecured Creditors in dozens of reorganization and liquidation cases, including wholesale distributors, retailers, trucking companies, oil and gas producers, farming and ranching companies, apartment owners and operators, and hotel owners and operators
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International bank in one of the first United States reorganization cases involving safe harbor contracts
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International licensor of a fiber optic cable crossing the international bridge connecting the United States with Mexico, in the reorganization case of the licensee
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International liquidators of Commodore International Limited and Commodore Electronics Limited in liquidations involving $1 billion and companies throughout North America, Europe and Asia
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International plaintiffs in veil piercing actions in antitrust cases involving hundreds of millions of dollars in claims and target defendants in the United States, Canada, Great Britain and Norway
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Utility company accused of receiving a $2 billion fraudulent transfer in connection with a public offering of the stock of a subsidiary
- Creditor oil and gas companies, including several Fortune 100 companies, in actions in which the estate representatives sought recoveries from the clients for fraud, duress, promissory estoppel and similar issues
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Creditor landlords in reorganization and liquidation cases in matters pertaining to assumption and rejection of real property leases
- Defendants in a debt recharacterization case involving billions of dollars in debt
- Chapter 11 trustee in the landmark Drillco case, establishing new law in the area of sales of property of bankruptcy debtors and the interests of their co-owners
- American College of Bankruptcy, Former Chair of the Board of Directors
- International Insolvency Institute, Director and Committee Chair
- Moller/Foltz Inn of Court, Former President
- Society of International Business Fellows, Former Texas Chair
- State Bar of Texas
- Business Law Section, Former Chair
- Bankruptcy Law Committee, Former Chair
- U.S./China Joint Session on Trade and Investment Law, Former Delegate
- International Bar Association
- International Women’s Forum
- International Women’s Insolvency and Restructuring Confederation
- World Affairs Council, Diplomat
- American Bankruptcy Institute
- Texas Association of Bank Counsel, Former Director
- Federal Bar Association
- American Bar Association
- Business Bankruptcy Committee
- International Bankruptcy Committee
- Houston Bar Association
- Bankruptcy Committee
- San Antonio Bar Association
- San Antonio Bankruptcy Bar Association
- San Antonio Young Lawyers Association, Former President
- Top Lawyers 2008 Corporate Counsel Magazine
- The Best Lawyers in America, since its original publication in 1983
- Who’s Who in America and Who’s Who in American Law
- International Who’s Who of Insolvency and Restructuring Lawyers
- International Who’s Who of Business Lawyers
- Chambers & Partners Guide to the World's Leading Bankruptcy and Restructuring Lawyers
- Lawdragon Top 500 Leading Lawyers in America
- "Sarah T. Hughes Award," presented by the State Bar of Texas
- "Belvah Lockwood Award," presented by the Bexar County Women’s Bar Association
- "Outstanding Young Lawyer Award," presented by the San Antonio Young Lawyers Association
Evelyn speaks at over a dozen seminars every year. During the past twelve months, these include
- "Two Interesting Discussions on Derivatives Contracts," International Insolvency Institute Seventh Annual International Insolvency Conference, New York, New York, June 11, 2007
- "Recent Valuation Case Law Developments," Valcon Conference, Las Vegas, Nevada, February 8, 2007
1973 - J.D., Southern Methodist University School of Law
1968 - B.A., summa cum laude, English, Latin, Mathematics, Abilene Christian University
Order of the Coif at Southern Methodist University School of Law
- The Federal District Courts and Federal Bankruptcy Courts in the Southern, Northern and Western Districts of the State of Texas
- The United States Court of Appeals for the Fifth and Eleventh Circuits
- The United States Supreme Court
Reading murder mysteries and traveling
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McNay Museum, Patron
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Mind Science Foundation




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