Education
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University of Texas School of Law, J.D., 1980
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Trinity University, B.A., Economics and Music, cum laude, 1977
Bar Admissions
Court Admissions
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United States Supreme Court
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U.S. Court of Appeals for the 5th Circuit
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U.S. Court of Appeals for the 10th Circuit
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U.S. Court of Appeals for the Federal Circuit
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U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas
Awards and Honors
- Texas Super Lawyers, Texas Monthly Magazine (2003, 2004, 2005, 2006)
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Max Tucker has more than 25 years of experience in the representation of creditors, trustees, and debtors in bankruptcy cases, with special emphasis on Chapter 11 plan development and confirmation, stay litigation, cash collateral litigation, and bankruptcy appeals. Mr. Tucker’s extensive work also includes advising lenders and borrowers in structured finance transactions.
Mr. Tucker has had the opportunity to represent clients on a variety of novel, often cutting-edge issues. He has frequently been involved in litigation that has been resolved in circuit, district, and bankruptcy courts, while also having settled many cases before trial.
Representative Matters
- Represented corporation saddled with over $100 million in debt from its bankruptcy filing through confirmation of its Chapter 11 plan, and assisted the debtor in its efforts to liquidate and collect assets at a fair price and resolve its litigation claims. Mr. Tucker’s efforts led to confirmation of a liquidating plan in which the general creditors received a distribution in excess of 20% of their claims.
- Served as lead counsel for the debentureholder committee in case where debtor had issued $25 million of subordinated debentures (listed on the NYSE). After conducting due diligence of the debtor’s financial affairs and attempting to negotiate a plan with the debtor, Mr. Tucker filed and achieved a Plan of Liquidation on behalf of the committee, which authorized the sale of the debtor’s oil and gas reserves for $20 million with the proceeds going to the creditors, and then represented the creditors as needed to defend against unwarranted claims to the proceeds. See Texas American Oil Corp. v. United States Dep’t of Energy, 24 F.3d 210 (Fed Cir. 1994), reh’g en banc, 44 F.3d 1557 (Fed Cir. 1995).
- Served as lead counsel for several foreign banks in their loans to the nation’s fourth largest pizza franchiser after it filed for Chapter 11 bankruptcy. Mr. Tucker was commissioned to contest the debtor’s use of cash collateral, and to request a modification of the stay to permit the banks to vote the debtor’s common stock that had been pledged by the acquirer to secure the loan. Under the direction of new management that Mr. Tucker helped to install, a plan acceptable to the banks and committee was negotiated, and this reorganized pizza franchise remains in business today as an often-cited Chapter 11 success story.
- Drafted Chapter 11 plan and disclosure statement for a major defense contractor, which at one time had been the largest private employer in Austin, TX. The plan involved a highly negotiated debt restructure. Under the plan, the bank debt was reduced from $280 million to $185 million and the bond debt was eliminated, while creditors were given a new issue of common stock by the reorganized defense contractor and received the common stock of a separate auto parts subsidiary in a separate spin-off.
- Served as lead counsel for a bank lender in a vigorously contested Chapter 11 case real estate case. The bank had loaned the debtor $35 million secured by a 16-story office tower in North Dallas. Resolution of the case entailed a five-day evidentiary hearing; during the course of such hearing, Mr. Tucker demonstrated that neither of the plans filed by the debtor could be confirmed. Thereafter he defended the bank in two appeals before the Fifth Circuit involving this debtor. See In re Sullivan Cent. Plaza I, Ltd., 935 F.2d 723 (5th Cir. 1991) and In re Sullivan Cent. Plaza I, Ltd., 914 F.2d 731 (5th Cir. 1990).
- Represented bank in a successful appeal to the Fifth Circuit concerning the controversial bankruptcy doctrine of substantive consolidation. See In re Amco Insurance; Wells Fargo Bank of Texas N. A., v. Ronald J. Sommers, Trustee, 444 F. 3d 690 (5th Cir. 2006), cert. denied, 127 S. Ct. 389 (2006).
- Represented bank in successful appeal concerning circumstances letter of credit could be preference in bankruptcy, see In re Compton Corp., 835 F.2d 584 (5th Cir. 1988) and 831 F.2d 586 (5th Cir. 1987).
- Represented creditors in challenge to unwarranted attorney fees claimed by debtor’s counsel. See In re Pro Snax Distributors, Inc, 157 F.3d 414 (5th Cir. 1998).
Professional Affiliations:
- American Bar Association
- Master, John C. Ford American Inn of Court
- Member, American Bankruptcy Institute
- Dallas Bar Association; Member of the Bankruptcy & Commercial Law Section
- Served on local rules committees appointed for drafting proposed local bankruptcy rules and local district court appeal rules
- Served on the Year 2000 Bench/Bar committee to improve bankruptcy practice in Northern District of Texas
Community Involvement
- Golf Member, Dallas Athletic Club; Men’s Golf Association Board of Directors (2006-2008)
- Graduate, 1999 Leadership Class of the Dallas Business Committee for the Arts
- Served as music director for “Bar None,” an annual comedy revue sponsored by the Dallas Bar Association that is the principal fundraiser for the Sarah T. Hughes Diversity Law Fellowship at SMU School of Law (1995-2005)
- Member, Lake Highlands United Methodist Church
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