Joseph Eric Bain

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Jones Walker LLP
• Representative Cases & Transactions
  Cases

  Representative Matters: Regularly advises
  represents a major retail energy provider on a number of energy-specific bankruptcy issues, including (i) treatment as a utility under the Bankruptcy Code,
  (ii) application of the forward contract, swap agreement,
  master netting agreement safe harbors contained within the bankruptcy code.
  Represented a statutory lien holder in seeking relief from priming DIP order. Through Mr. Bain's representation, the client successfully recovered its collateral-a wastewater disposal facility in Utah.
  Represented a seismic interpretation company in seeking orderly liquidation by negotiating a distressed debt transaction coupled with a Chapter 7 bankruptcy filing.
  Represented a fracking chemical manufacturer in a Chapter 15 international bankruptcy case
  a Canadian Companies' Creditors Arrangement Act ( CCAA ) proceeding. As part of the litigation strategy, claims were pursued in state court to recover amounts from independent well operators based on Texas statutory lien rights. The cases were settled on favorable terms.
  Represented a major retail energy provider in a number of collection matters
  general commercial litigation matters across the United States.
  Defended
  advised a non-operator in statutory lien foreclosure proceeding in North Dakota resulting from insolvency of a well operator.
  Represented an investment fund in defending against attempts to recharacterize the fund's position in term overriding royalties in offshore leases based on Louisiana law
  the federal Outer Continental Shelf L
  s Act after the well operator filed for Chapter 11 bankruptcy.
  Represented a royalty trust in defending against attempts to recharacterize gas royalty interests under Alabama law in connection with bankruptcy filing by a metallurgical coal producer.
  Represented investment funds as senior secured lenders of a geophysical company in defending against efforts to prime the funds' security interest in connection with Chapter 11 bankruptcy filing by the geophysical company.
  Represented an oilfield service company in successfully recovering outst
  ing obligations from the operator for drilling operations performed in the Gulf of Mexico.
  On a pro bono basis, represented survivors of Cameron Todd Willingham in a suit against the State of Texas, seeking posthumous exoneration from a capital murder conviction for which he was executed in 2004.