Fulbright & Jaworski L.L.P.
- Bankruptcy and Insolvency
- Corporate Reorganization
- International Creditors' Rights
- Officer and Director Liability
- Securitization
Evelyn H. Biery has practiced law for 36 years and concentrates on creditors’ rights, bankruptcy, reorganization and insolvency matters. For twenty years she served as head of the Bankruptcy and Insolvency Department of Fulbright.
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 General Motors, Chrysler, Calpine, Mirant, and Enron cases, and the official committees of unsecured creditors in the ASARCO LLC case and the EOTT Energy Partners case. She also represents major energy, banking, computer, utility, trucking, housing, hotel, insurance, manufacturing, farming, ranching, and land development companies in reorganization and liquidation cases throughout the world.
Evelyn has represented:
- 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, a case involving billions of dollars in assets
- 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 over $1 billion of debt
- 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
- 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
- International bank in one of the first United States reorganization cases involving safe harbor contracts
- International licensor of a fiber optic cable crossing the international bridge connecting the United States with Mexico, in the reorganization case of the licensee
- International liquidators of Commodore International Limited and Commodore Electronics Limited in liquidations involving $1 billion and companies throughout North America, Europe and Asia
- 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
- 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
- Creditor landlords in reorganization and liquidation cases in matters pertaining to assumption and rejection of significant real property leases
- Defendants in a debt recharacterization case involving billions of dollars in debt
- Plaintiffs and Defendants in director and officer litigation seeking recoveries for breach of fiduciary duty and fraudulent transfer
- 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
- Texas Association of Bank Counsel, Former Director
- San Antonio Young Lawyers Association, Former President
- Chambers & Partners Guide to the World's Leading Bankruptcy and Restructuring Lawyers
- 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
- Lawdragon Top 500 Leading Lawyers in America
- Corporate Counsel's Top Bankruptcy and Creditor-Debtor Lawyers
- 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 several months, these included
- "The Subprime Crisis: Hot Issues For Officers, Directors And General Counsel What Advice Do In-House Counsel And Other Professionals Need To Provide As Insolvency Nears?" Houston, Texas, January 16, 2008
- "Terminating, Enforcing And Defending Contracts With Chapter 11 Debtors," Fulbright Seminar, Houston, Texas, February 21, 2008
- "Enforcing Executory And Financial Contracts With Companies In Bankruptcy," Major Oil Company Client, Houston Texas, March 11, 2008
- "Cross-Border Cases In The United States And China," Institute Of Asian-Pacific Business Law, Hong Kong, March 25, 2008
- "The 2006 PRC Enterprise Bankruptcy Law: A New Beginning?" Institute Of Asian Pacific Business Law, Hong Kong, March 26, 2008
- "Intellectual Property Issues In Bankruptcy: How To Protect Your Rights," International Bar Association, Stockholm, Sweden, May 20, 2008
- "Joint Insolvency Conference: Crossing (Dutch) Borders In Insolvency," INSOL Joint International Insolvency Conference, Leiden, The Netherlands, June 6, 2008
- "The Role of Derivatives In The Credit Crisis, The Mortgage Mess And The Coming Default Cycle: The Safe Harbors For Swaps And Repurchase Agreements In Bankruptcy," International Insolvency Institute, Berlin, Germany, June 10, 2008
- "Something Wicked This Way Comes: How To Deal With Customers And Suppliers On The Slide Into Bankruptcy," Fulbright Women's Leadership Conference, Laguna Nigel, California, September 14, 2008
- "Breaking Down The Credit Crisis: What Corporate Officers, Directors And General Counsel Need To Know," Fulbright Client Seminar, Houston, Texas, November 6, 2008
- "Recent Developments: A Survey Of Bankruptcy Case Law," The University Of Texas School Of Law Jay L. Westbrook Bankruptcy Conference, Austin, Texas, November 13, 2008
- "Bankruptcy Reorganization In The Next Three Years: Opportunities And Obstacles In The Financial World of 2009 And Beyond," Fulbright Client Seminar, Houston, Texas, December 10, 2008
- "What Will Corporation Reorganization Look Like In 2009 And Beyond: Executory Contract?" American Law Institute, Philadelphia, Pennsylvania, January 9, 2009
- "Real Property Issues In Bankruptcy," Houston Bar Association Real Property Section, Houston, Texas, February 18, 2009
- "Advising Boards In An Illiquid World," Valcon, Las Vegas, Nevada, February 26, 2009
- "International Insolvency And Workouts: Recent Decisions," State Bar Of Texas International Law Section, Houston, Texas, March 5, 2009
- "Chapter 11: 2009 and Beyond," Houston Corporate Paralegal Association, March 11, 2009
- "Current Decisions: Surprises And Consternations," Turnaround Management Association, Houston, Texas, June 3, 2009
- "Real Property Leases: Bankruptcy Will Change The Deal You Thought You Had," South Texas College of Law, Houston, Texas, June 5, 2009
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, Western and Eastern Districts of the State of Texas
- The United States Court of Appeals for the Fifth and Eleventh Circuits
- The United States Supreme Court
Reading and writing murder mysteries and traveling




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