Johnathan Bolton's practice centers on U.S. and international bankruptcy and cross-border insolvency matters.  He is an attorney at law licensed to practice in the U.S. (New York and Texas) and is a solicitor in the U.K. (England and Wales).  He is Board Certified in Business Bankruptcy Law by the Texas Board of Legal Specialization and the American Board of Certification.

International and Cross-Border Insolvency Matters

• Represented a Russian oil and gas company in one of the first major Chapter 15 cases filed in the United States and participated in helping to dissolve a U.S. Bankruptcy Court injunction which prevented it from selling one of its major assets, a $1.4 billion refinery in Lithuania
• Counsel to the Oversight and Control Commission of a foreign debtor from Spain in a Chapter 15 case filed in New York in order to find and recover a valuable asset that was improperly taken from it by a large European financial institution
• Debtor's counsel in a U.S. Chapter 11 case filed by one of Russia's largest oil and gas companies, in one of the largest bankruptcy cases ever filed in the United States; worked on obtaining a history-making injunction from the U.S. Bankruptcy Court prohibiting certain financial institutions from participating in the Russian Federation's auction of the company's major oil and gas asset
• Counsel to a group of Mexican Banks in an involuntary cross-border Chapter 7 case initiated against three family members who had guaranteed the indebtedness of several Mexican companies they owned and controlled
• Has experience in cross-border cases involving the U.S., the United Kingdom, Mexico and Canada
• Has provided counsel to clients regarding insolvency matters pending in Argentina

Bankruptcy and Out-of-Court Restructuring Matters

• Debtor's counsel for a publicly-traded U.S. steel processing company headquartered in Houston in its successful 11-month bankruptcy restructure
• Debtor's counsel for a private biotech company from Houston in their successful 60-day bankruptcy restructure
• Debtor's counsel for the U.S. subsidiary of a U.K. industrial services company in a Chapter 11 liquidation of its assets
• Debtor's special counsel for a large U.S. shipping company in its Chapter 11 case in New York
• Debtor's counsel for several large energy companies in their out-of-court workouts
• Acted for several large creditors in accomplishing out-of-court workouts with debtors, including one case in which his client was ultimately paid in full, including interest and attorney's fees

Indenture Trustee Representation

• Counsel to the Indenture Trustee, as representatives of secured or unsecured bondholders, in the following Chapter 11 cases:
  • In re Paracelsus Healthcare Corporation, et al. (S.D. Tex. - Houston)
  • In re Scotia Development, LLC, et al., (S.D. Tex. - Corpus Christi)
  • In re Matrix Investments, LLC (S.D. Tex. - Houston)
• Acted for the Indenture Trustee in a Chapter 11 case in Corpus Christi, Texas which five (5) competing plans of reorganization were proposed, including the Indenture Trustee's own plan

Secured Creditor Representation

• Counsel to the Senior Secured Lender(s) in the following chapter 11 cases:
  
  • In re Busy Body Inc.  (S.D. Tex. - Houston)
  • In re Agrifos Fertilizer LP, et al. (S.D. Tex. - Houston)
  • In re Pioneer Companies Inc, et al. (S.D. Tex. - Houston)
  • In re Video Rental of Eastern Pennsylvania, Ltd. (S.D. Tex. - Houston)
  • In re Raveneaux, Ltd.  (S.D. Tex. - Houston)
  • In re Bethany Rolling Hills, LLC, et al. (C.D. Cal. - Santa Ana) 

Creditors' Committee Representation

• Counsel to the Official Committee of Unsecured Creditors in the following Chapter 11 cases:
  
  • In re eCity Suites, Inc. (S.D. Tex. - Houston)
  • In re ASARCO LLC, et al. (S.D. Tex. - Corpus Christi)
  • In re Nexpak Corporation (N.D. Ohio - Canton)

 Equity Holder Representation

• Counsel to certain major equity holders in the following Chapter 11 case:
  
  • In re Energy Partners Ltd. (S.D. Tex. - Houston)

Chapter 11 Trustee/Receiver Representation

• Special counsel to a Chapter 11 Trustee in jointly-administered bankruptcy cases, including the successful pursuit of a fraudulent conveyance action against former owners resulting from a failed LBO
• Knowledge of Texas State Court and Insurance Code receiverships
• Assisted Fulbright's Securities Litigation Section in representing a Receiver appointed in an SEC receivership in federal court in Houston in which the Receiver obtained the recovery of approximately $3.2 million from former insiders of a failed offshore investment company resulting in the return of approximately 50% of investments to customers through a court-approved Plan of Liquidation

Purchaser/Seller Representation

• Bankruptcy counsel to a large construction company that purchased substantially all the assets of Stone & Webster, Inc. in the Delaware Bankruptcy Court in which his client emerged as the successful bidder
• Bankruptcy counsel to a German valve manufacturer that purchased substantially all the assets of a Bebco, Inc. following an auction in which his client emerged as the successful bidder
• Bankruptcy counsel to the purchaser of substantially all the assets of Archibald Candy Company following an auction in Chicago Bankruptcy Court in which his client emerged as the successful bidder
• Bankruptcy counsel to a purchaser of certain Hawaiian real estate assets in the Chapter 11 Case of Dykeswill, Inc. in Corpus Christi, Texas
• Bankruptcy counsel to a debtor in a complex chapter 11 case selling over $150 million in assets, including various divisions of the company, within a 6-month period

DIP Lender Representation

• Acted on behalf of Indenture Trustees, commercial banks, financial institutions and other clients in connection with multi-million dollar debtor-in-possession ("DIP") loan agreements and cash collateral agreements

Secured and Unsecured Creditor Representation

• Has Represented commercial banks, asset based lenders, investment funds, hedge funds with billions of dollars in claims in chapter 11 bankruptcy cases across the United States
• Extensive experience in prosecuting and defending chapter 5 and other claims in U.S. Bankruptcy Court and has represented creditors from outside the U.S., including England, Scotland, Brazil, Mexico, Germany and Taiwan

Executory Contracts and Bankruptcy Litigation

• Extensive experience in the negotiation of assumption, rejection, and/or assignment of various types of executory contracts and unexpired leases, including real estate and personal property leases, oil and gas commodities contracts, construction contracts, service agreements, insurance agreements and intellectual property licenses
• Extensive experience with bankruptcy removal, interpleader and intervention actions
• Represented numerous companies from the U.S. and abroad in defense of preference, fraudulent conveyance and bankruptcy-related litigation
• Experience in automatic stay litigation, including obtaining the lifting of the automatic stay to allow previously-filed state court litigation to proceed notwithstanding a defendant's bankruptcy filing

Appointment of Chapter 11 Trustees and Involuntary Bankruptcies

• Successfully obtained the appointment of a Chapter 11 Trustee on two occasions
• Successfully obtained the conversion of a bankruptcy case from Chapter 11 to Chapter 7
• Successfully obtained an order for relief in involuntary bankruptcy proceedings commenced against a citizen of a foreign country who conducted business in the United States

Corporate Governance

• Provided counsel to corporate board members concerning corporate governance issues relating to insolvency matters
• Has represented officers and directors in defense of breach of fiduciary duty claims owned by a bankruptcy estate

• American Bar Association (ABA)
  • Business Bankruptcy Committee Member, Business Law Division (2006 - present)
  • Vice-Director, Affiliate Assistance Team, Young Lawyers Division (2009 - 2010)
  • Team Member Affiliate Assistance Team, Young Lawyers Division (2008 - 2009)
  • Vice-Coordinator of Programming, Young Lawyers Division (2007 - 2008)
  • Chair of Bankruptcy Committee of Young Lawyer's Division (2006 - 2007)
  • Member of International Law Committee of Young Lawyer's Division (2006 - present)
  • Member of Dispute Resolution Committee of Young Lawyer's Division (2006 - present) 
• American Bankruptcy Institute (ABI)
  • ABI Web Advisory Board, Assistant Executive Editor  (2007 - present)
  • Bankruptcy Litigation Committee Member (2007 - present)
    • Member of ABI Writing Competition Sub-Committee (2008 - present)
  • Business Reorganization Committee Member (2008 - present)
  • International Committee
    • Listserve Moderator (2008 - present) 
• International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Young Members Committee
    • Member of Sounding Board Group (2009 - present)
• Jessup International Law Moot Court Competition
  • Judge (2010)
• Turnaround Management Association (TMA) 
  • Member of Houston Chapter
• The State Bar of Texas (SBOT)
  • Inaugural Chair of Bankruptcy Section Young Lawyers Committee (2007 - 2009)
  • Course Director-Nuts and Bolts of Business Bankruptcy Course (2008, 2009)
  • Advanced Business Bankruptcy Course, Planning Committee Member (2008, 2009)
  • Assistant Course Director, Advanced Business Bankruptcy Course (2010)
• Texas Young Lawyers Association (TYLA)
  • ProBAR Children's Project Committee, Vice-Chair (2006 - 2007)
• Houston Bar Association (HBA)
  • Member of Bankruptcy Section
  • Member of International Section 
• Member of the Texas Association of Bank Counsel (TABC)

• The Best Lawyers in America, Bankruptcy & Creditor-Debtor Rights Law (2009 - 2011) 
• "Top Lawyers in Bankruptcy and Creditor-Debtor Rights Law," Corporate Counsel (2009, 2010)
• "Best Lawyers in Texas" (2009, 2010)
• AV rating from Martindale.com
• "Texas Rising Star" (2004 - 2006, 2008 - 2010)
• "Up and Comer," H-Texas magazine (2004)

• "Dirt-for-Debt Plans Reemerge Amid Falling Real Estate Prices," Turnaround Management Association's Journal of Corporate Renewal, Volume 23, No. 6, July/August 2010
• "Fifth Circuit Holds That Determination Of A Debtor's COMI Or Establishment Must Be Made As Of The Time Of Chapter 15 Recognition," Fulbright & Jaworski L.L.P. Briefing, June 2010
• "Fifth Circuit Holds That U.S. Courts Are Authorized to Permit Application of Foreign Avoidance Law in Chapter 15 Cases," Fulbright & Jaworski L.L.P. Briefing, May 24, 2010 reprinted in INSOL World, Third Quarter 2010. 
• "Delaware Chancery Court Refuses Special Litigation Committee's Recommendation to Dismiss Derivative Suit," Fulbright & Jaworski L.L.P. Corporate Governance Practice Group Newsletter, April 16, 2010
• Co-author with David Barrack, "Lehman Decision Broadens Reach of Ipso Facto Provisions," ABI Litigation Committee Newsletter, Volume 7, Number 5, April 2010
• Co-author with David Rosenzweig, "U.S. Bankruptcy Court Orders Turnover of Attached Funds for Administration in Danish Bankruptcy Proceeding," ABI International Committee Newsletter, Volume 7, Number 1, February 2010
• "Breach of Fiduciary Duty Claims," Turnaround Management Association's Journal of Corporate Renewal, Volume 22, Number 9, December 2009
• "Recent Texas Case Confirms Gheewalla Doctrine: Creditors of an Insolvent Delaware Corporation Lack Standing to Bring Direct Breach of Fiduciary Duty Claims Against Officers and Directors," and "SEC’s New Units Targeting Complex Securities To Be Set Up Next Year," Fulbright & Jaworski LLP Corporate Governance Practice Group Newsletter, October 6, 2009
• Co-author, "Executory Contracts and Protecting Against Credit Risk," State Bar of Texas 27th Annual Advanced Business Bankruptcy Course, October 2009
• "What Every Collection Lawyer Needs to Know about Bankruptcy," Judgment Enforcement in Texas, Lorman Education Series, 2009
• "Current Decisions: Surprises and Consternations," Turnaround Management Association, Houston Chapter, June 3, 2009
• "Responsibilities in the Governance of a Non-Profit," Fulbright & Jaworski L.L.P. Corporate Governance Practice Group Newsletter, May 19, 2009
• "International Insolvency and Workouts: Case Update," 2009 State Bar of Texas International Law Section Twenty-First Annual Institute, Houston, Texas, March 5, 2009
• "Oil and Gas Bankruptcy Issues," Fulbright & Jaworski L.L.P. Presentation to In-House Counsel, February 2, 2009
• Co-author, "Recent Developments: A Survey of Business and Consumer Case Law," 27th Annual Jay L. Westbrook Bankruptcy Conference, November 2008 
• "MERS rolls the dice in Nevada," ABI Bankruptcy Litigation Committee Newsletter, Volume 5, Number 6, October 2008
• Co-author with John Barrett and Robert C. Tucker, "Risks and Problems of Forum Selection in a Cross-Border Insolvency Case," Norton Annual Review of International Insolvency, 2009 Edition 
• "Second Circuit Holds U.S. Creditors Are Bound By Ruling in Argentine Bankruptcy Case," Fulbright & Jaworski L.L.P. Briefing, June 12, 2008
• "Corporate Governance At-A-Glance," Fulbright & Jaworski L.L.P. Corporate Governance Practice Group Newsletter, May 30, 2008
• "What Every Collection Lawyer Needs to Know about Bankruptcy," Judgment Enforcement in Texas, Lorman Education Series, 2008
• "Cash Collateral Use and Debtor-in-Possession Financing," State Bar of Texas, Nuts and Bolts of Business Bankruptcy Course, Austin, Texas, April 30, 2008
• "Confidentiality in Chapter 11 Cases," ABI Bankruptcy Litigation Committee Newsletter, Volume 5, Number 2, March 2008
• "Cross-Border Cases in the United States and China," Institute of Asian-Pacific Business Law, Hong Kong, China March 25, 2008
• "Chapter 15:  Ancillary and Other Cross-Border Cases," American Bar Association, Young Lawyers Division, 101 Practice Series, March 2008
• "Definition of 'Foreign Proceedings' at Issue in Chapter 15 Case," Turnaround Management Association's Journal of Corporate Renewal, Volume 21, Number 3, March 2008
• "Bankruptcy Judges' New Standing Order Promotes Pro Bono Work in the Southern District of Texas," Legal Front, December 2007
• "Pursuing U.S. Claims Against Foreign Debtors," Turnaround Management Association's Journal of Corporate Renewal, Volume 20, Number 9, September 2007, reprinted in "The Complete Guide to Credit and Collections Law", Aspen Publishing, 2009. 
• Co-author with David Barrack, "Practice Tip: Using Summary Judgment to Establish a Fraudulent Conveyance," ABI Bankruptcy Litigation Committee Newsletter, Volume 4, Number 3, June 2007
• "Arbitration Agreements in Bankruptcy," American Bar Association, 101 Practice Series, 2007
• "What is a Fair Valuation?" ABI Bankruptcy Litigation Committee Newsletter, Volume 4, Number 1, January 2007
• Co-Author with Jason Boland, "When is Bankruptcy Right for your Corporate Client?" American Bar Association, Young Lawyers Division's Committee Compass, 101 Practice Series, 2006
• "Direct Appeals to Circuit Court Under the Bankruptcy Abuse Prevention and Consumer Protection Act," American Bar Association, Young Lawyer's Division's Committee Compass, 2006
• Co-author with Zack Clement and Carmel Eggelston, "How to Restructure Technology Rich Companies," Managing Intellectual Property Magazine, July - August 2001
• Co-author with Zack Clement, "Trying to Get Paid," State Bar of Texas Advanced Business Bankruptcy Course, Dallas, Texas, 2001

• "Hot Topics in Bankruptcy Law," State Bar of Texas Annual Meeting, Fort Worth, Texas, June 11, 2010
• "Executory Contracts and Protecting Against Credit Risk," State Bar of Texas 27th Annual Advanced Business Bankruptcy Course, Houston, Texas, October 1, 2009
• "An Overview of Chapter 11," Nuts & Bolts of Business Bankruptcy Course, State Bar of Texas CLE, Houston, Texas, September 30, 2009
• Moderator and Panelist "Judgment Enforcement in Texas," Lorman Education Series, Houston, Texas, July 29, 2009
• "Workouts & Restructurings: The Basics," Presentation to Ernst & Young's Transactions Advisory Group, April 9, 2009
• "Contracts: Risk Allocation in Uncertain Times," Presenter on Bankruptcy Issues, CLE Presentation to In-House Counsel, Houston, Texas, March 4, 2009
• "Bankruptcy Update:  What Credit Managers Need to Know," National Association of Credit Managers (NMB&C Credit Group), Houston, Texas, February 20, 2009
• "Oil and Gas Bankruptcy Issues," Presentation to In-House Counsel, Houston, Texas February 2, 2009
• "What Every Collection Lawyer Needs to Know About Bankruptcy," Judgment Enforcement in Texas, Lorman Education Services, Houston, Texas, July 15, 2008
• "Cash Collateral Use and Debtor-in-Possession Financing," State Bar of Texas, Nuts and Bolts of Business Bankruptcy Course, Austin, Texas, April 30, 2008
• "Bankruptcy," Houston Bar Association (HBA) Presentation, Tomball High School, November 28, 2007
• "Out of Court Workouts Involving Intercreditor Agreements: Attempting to Avoid WWIII," Panelist, Turnaround Management Association (TMA), Houston Chapter, October 4, 2007
• "Debts and Claims," Association of Corporate Counsel/Fulbright & Jaworski L.L.P. Pro Bono Summit, August 14, 2007
• "What Every Litigator Should Know About Bankruptcy," Litigation Section of the Houston Bar Association (HBA), May 31, 2007
• "Cross-Border Insolvency 101: What You Need to Know About Insolvency Cases Across the Border," Panelist with Max Mendelsohn, Joint Spring Conference of the American Bar Association/Young Lawyers Division (ABA/YLD) and the Association du Jeune Barreau de Montreal (AJBM), Montreal, Canada, May 3 - 5, 2007

2000 - J.D., Baylor Law School
1996 - B.A., cum laude, History and Philosophy, State University of New York at Stony Brook

While in law school, Johnathan was an assistant managing editor of the Baylor Law Review.

Johnathan is admitted to practice in the State Courts of New York and Texas, the U.S. District and Bankruptcy Courts for the Northern, Southern, Eastern and Western Districts of Texas, the U.S. District and Bankruptcy Courts for the Southern and Eastern Districts of New York and before the U.S. Courts of Appeals for Second and Fifth Circuits.

Johnathan is married and has three children. He enjoys spending time with his family and training in martial arts.  He is the founder of both the Houston Martial Arts Academy (HMAA) and the Houston Stick Fighting Association (HSFA).

• Houston Volunteer Lawyer's Program (HVLP)
• National Center for Refugee and Immigrant Children (NCRIC)
• Pro Bono Asylum Representation Project (ProBAR)
• Catholic Charities Cabrini Center for Immigrant Legal Assistance (CCILA)
• YMCA - Youth Soccer Coach
• Instructor - Women's Attack Prevention