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Eric M. Van Horn

Partner

T 214.459.5895
F 214.750.3612
ericvanhorn@spencerfane.com


Eric M. Van Horn assists clients nationwide with all aspects of bankruptcy, reorganizations, negotiations, collection actions, multijurisdictional insolvencies, and corporate liquidations. His work in complex Chapter 11 and Chapter 7 bankruptcy cases has involved representing committees of unsecured creditors and investors, debtors, trustees, secured lenders, landlords, and general unsecured creditors (including critical vendors and suppliers). He also defends clients against bankruptcy preference and fraudulent transfer (clawback) lawsuits, and assists clients in bidding on and acquiring assets out of bankruptcy cases. His specific industry experience includes clients in oil and gas, manufacturing, health care, restaurant, manufacturing, retail and technology industries.

Eric is licensed to practice before all state courts in Texas and the federal district and federal bankruptcy courts in the Northern, Southern, Western, and Eastern districts of Texas. After graduating from The University of Texas School of Law, he served as a federal judicial law clerk for the Honorable Leif M. Clark — a now-retired United States Bankruptcy Judge for the Western District of Texas. During law school, he worked as a Research Assistant to Professor Jay L. Westbrook, one of the world’s leading experts on Chapter 11 and international bankruptcy law; interned for the Honorable Frank R. Monroe (retired United States Bankruptcy Judge for the Western District of Texas); and served as an Editor for the Texas International Law Journal.

Outside of his practice, Eric is a frequent speaker and published author on a variety of business bankruptcy and creditors’ rights issues. Eric has previously served on the State Bar of Texas’ Bankruptcy Law Section Council. He also assisted in developing and served as an instructor for the “Financial Crisis & Restructuring Law” course at The University of Texas at Austin’s McCombs School of Business and School of Law.

Highlights of Eric’s experience include:

  • Represented the committees of unsecured creditors in the chapter 11 cases of an energy trading and oil and gas transportation company, a steel manufacturing company, and a construction roofing company.
  • Represented the committee of investors and the liquidating trustee in a Chapter 11 case in federal district court for an oil and gas company involving a $485 million Ponzi scheme and parallel SEC receivership.
  • Represents a healthcare services provider as a creditor in multiple related chapter 11 cases of hospitals.
  • Represents a durable medical equipment provider as a creditor in chapter 11 cases of skilled nursing and assisted living facilities.
  • Represents a public company as a creditor, landlord and IP licensor in the Chapter 11 case of its tenant/licensee.
  • Represented a publicly traded company as a creditor and preference defendant in chapter 11 cases of hospitals and free standing emergency centers.
  • Represented a foreign-based publicly traded oil and gas technology investment fund, resulting in the successful dismissal of a $1 million fraudulent transfer suit brought in federal district court.
  • Represented a potential bidder for the oil and gas assets of an energy company.

Presentations and Publications

  • Presentation of the Lawrence P. King Excellence in Bankruptcy Award to Professor Jay L Westbrook during the Annual Commercial Law League of America Luncheon at the 2018 National Conference of Bankruptcy Judges (https://clla.org/lawrence-p-king-award/).
  • Research Fellow for the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 – Advisory Committee on Executory Contracts and Leases.
  • Speaker, Intellectual Property in Bankruptcy, American Bar Association roundtable (September 2015).
  • Speaker, Potential Bankruptcies in the Oil and Gas Industry, American Bar Association webinar (June 2015).
  • Speaker and Coordinator, Analysis of the Supreme Court’s Baker Botts v. ASARCO Decision, State Bar of Texas, Bankruptcy Law Section teleseminar (June 2015).
  • Speaker & Co-Author, Ethics Panel at 2011 Texas Statewide Bankruptcy Bench/Bar Conference.
  • Co-Author, Reconciling Woerner and ASARCO in Everyday Practice for presentation at the 34th Annual Jay L. Westbrook Bankruptcy Conference.
  • Co-Author, Restructuring the Misperception of Lawyers: Another Task for Bankruptcy Professionals, Bankr. Inst. J., Vol. XXVIII, No. 7 (Sept. 2009; with Prof. Nancy B. Rapoport).
  • Co-Author, The Art and Technique of Estimating Claims for Plan and Other Purposes for presentation at the 27th Annual Jay L. Westbrook Bankruptcy Conference.
  • Co-Author, I Just Got My Pay for the 2008 Western District of Texas Bankruptcy Bench/Bar Conference presentation by the Hon. Frank R. Monroe and Prof. Nancy B. Rapoport on Chapter 11 professional fees under the Fifth Circuit’s Matter of Pro-Snax Distributors, Inc.

Community Involvement

  • Frequent volunteer for various activities and events for Dallas public schools.

Memberships

  • Commercial Law League of America
  • Bankruptcy Law Section of the State Bar of Texas
  • Dallas Bar Association

Distinctions

  • Super Lawyers® Texas Rising Stars, 2016-2018
  • Best Lawyers in Dallas, D Magazine (Bankruptcy), 2017-18

Contact Eric Van Horn at 214.459.5895 or ericvanhorn@spencerfane.com.