Bradley Foxman
Trammell Crow Center
2001 Ross Avenue
Suite 3900
Dallas, Texas 75201
Brad’s primary area of practice includes all aspects of restructuring and reorganization, including the representation of lenders, buyers, debtors, creditors, and trustees. Brad has extensive experience in advising clients on all aspects of financial distress, including liability management transactions, corporate workouts and restructurings, distressed asset acquisitions and divestitures, bankruptcy litigation, counterparty risk, and reorganization and insolvency proceedings. Brad has worked with clients including banks, syndicated bank groups and agents, private equity funds, public companies, portfolio companies, non-bank lenders, strategic buyers, debtors, and chapter 7 trustees, among others.
Brad has extensive experience in the energy industry, including both onshore and offshore upstream, midstream, downstream, services, and power. Additionally, Brad has represented clients in a range of other industries, including real estate, retail, manufacturing, technology, and agriculture.
Brad’s significant experience in complex chapter 11 cases covers all phases including case preparation, DIP and exit financing, merger and acquisition transactions, 363 sales and stalking horse bids, plans of reorganization, post-emergence trusts, and bankruptcy litigation with substantial experience with prepackaged, pre-arranged and traditional bankruptcies. Brad’s practice also includes a substantial amount of consulting and advisory work related to counterparty risks in connection with financings, mergers and acquisitions, joint ventures, and other transactions.
Experience Highlights
Royal Bank of Canada as Administrative Agent of the $330 million RBL facility in the restructuring and prepackaged voluntary chapter 11 bankruptcy cases of Chaparral Energy filed in the United States Bankruptcy Court for the District of Delaware
Secured lender in the chapter 11 cases of the Nine Point Energy Holdings, Inc. et al. in connection with a $275 million secured credit facility, debtor in possession financing, sale procedures and credit bid process, contested sale process, claims objections and other related and appellate matters
Wells Fargo Bank as Administrative Agent of a $224 million credit facility to Kingfisher Midstream LLC in its chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas
Wells Fargo Bank as Administrative Agent, DIP Agent, and Exit Facility Agent in Oasis Petroleum’s restructuring and prepackaged chapter 11 bankruptcy cases, including a $450 million DIP financing and $575 million exit financing
Bank of America as secured lender of $100 million asset-based credit facility in the prenegotiated chapter 11 bankruptcy case of Parker Drilling, and as the post-petition $50 million DIP lender and $100 million Exit facility lender
Administrative agent in restructuring of revolving credit facilities in excess of $2 billion to a family of oil and gas funds pursuant to a prepackaged chapter 11 plan of reorganization
Represent client as agent in restructuring of $550,000,000 secured lending facility to upstream producer pursuant to a prepackaged chapter 11 plan of reorganization
JPMorgan Chase Bank as Administrative Agent, DIP Agent, and Exit Facility Agent in connection with its $335 million RBL and DIP financing to Approach Resources Inc.
JPMorgan Chase Bank as Administrative agent and lead lender to Tuesday Morning Corporation in a $100 million debtor-in-possession revolving credit facility in connection with its chapter 11 bankruptcy
Goldman Sachs Bank in connection with restructuring of $148 million super-priority delayed draw term loan facility to an upstream offshore E&P company
Representation of Goldman Sachs in borrower’s chapter 11 cases in connection with its second lien term loan to an exploration and production company
Royal Bank of Canada as administrative agent and collateral agent under Martin Midstream Partners’ RBL credit facility which facilitated the completion of an exchange offer and consent solicitation and related cash tender offer
Wells Fargo as agent for $145 million syndicated secured reserve based facility in connection with the workout and chapter 11 bankruptcy case of Southcross Energy
Whistler Energy II (operating in the Central Gulf of Mexico) in connection with its $100 million acquisition by Talos Energy
Clearlake Capital Partners IV Finance LP as the primary secured lender to Knight Energy Holdings LLC and certain of its affiliates in their chapter 11 cases filed in Lafayette, Louisiana; pre-negotiated plan of reorganization confirmed within 110 days of case filing
Highbridge Principal Strategies in connection with Shoreline Energy’s restructuring efforts and its chapter 11 cases
Special situations investor in its role as lender and administrative agent under $129 million of revolver and multi-draw term loan prepetition and DIP financing and $50 million of take-back exit financing provided in connection with the Chapter 11 bankruptcy proceedings and equitization of a multi-site private cinema chain
Goldman Sachs in a $20 million senior secured multi draw term loan facility provided to finance the recapitalization of a retailer and supplier of inventory management and point of sale software
Goldman Sachs in a $51 million senior secured multi draw term loan facility provided to finance the acquisition and subsequent development programs of an upstream and midstream oil and gas company
Secured creditor in the chapter 11 bankruptcy cases of Mercy Hospital and certain of its affiliated entities
Secured lender as Administrative Agent in the out-of-court restructuring of a $220 million reserve-based loan to an upstream producer
Texas Capital Bank in a $5 million secured asset-based unitranche financing to a retail company
Agent to a secured lender group in a restructuring matter involving a loan to a private energy exploration and production company
Agent to a senior secured lender group in a chapter 11 proceeding involving a $30 million loan to a borrower in the residential lending business that included the successful confirmation of a three co-proponent plan of liquidation
Hedge fund in restructuring of debt and equity interests in a digital marketing company
Financial institution as a secured lender with claims of more than $21 million in a chapter 11 case of the owner of more than 600 acres of undeveloped real property
A secured lender in the chapter 11 bankruptcy case of Continental Common, Inc., a real estate company, filed in the United States Bankruptcy Court for the Northern District of Texas
Financial institution as secured lender in an out-of-court forbearance and payoff with respect to over $10 million owed by a distressed borrower
Financial institution as secured lender in an out-of-court forbearance with respect to over $9 million owed by a distressed borrower
Monroe Capital Management Advisors as secured lender and DIP lender of a $55 million credit facility to Little River Healthcare System in its chapter 11 bankruptcy case and subsequent chapter 7 bankruptcy case
Secured lender in a debtor-in-possession financing to Norse Energy Corp. USA et al., an energy exploration and production company
Agent to senior secured lenders in the chapter 11 case of Levelland/Hockley County Ethanol, LLC, an ethanol refiner filed in Lubbock, Texas
Secured lender in the chapter 7 bankruptcy case of Highland Capital Real Estate Fund, L.P., a mezzanine real estate fund, filed in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division; structured case dismissal
Wells Fargo Bank, N.A. as DIP Lender in chapter 11 case of Texoma Peanut Company in the Eastern District of Oklahoma
Secured lender in the chapter 11 bankruptcy case of Age Refinery, Inc., filed in the United States Bankruptcy Court for the Western District of Texas
Angelo, Gordon Energy Servicer LLC, as agent to the senior secured lenders in the chapter 11 cases of Rooster Energy Ltd. and it subsidiaries filed in Lafayette, Louisiana
JPMorgan Chase Bank, N.A. as administrative agent in a $250 million secured reserve-based revolving credit facility to a private operator in the Delaware Basin in restructuring and bankruptcy matters
JPMorgan Chase Bank in the chapter 11 case of Chaparral Energy, an oil and natural gas exploration and production company, filed in Delaware
Represent client as secured lender in $80,000,000 secured facility to upstream producer in restructuring and chapter 11 matters
Societe Generale in a $500 million syndicated, reserve-based credit facility to an upstream energy company
Energy XXI, a publicly-traded offshore energy E&P company, in connection with its chapter 11 cases which reduced the company’s funded debt by approximately $3.0 billion
Goodrich Petroleum in out-of-court restructuring transactions and in-court restructuring involving the deleveraging of nearly $450 million
RAAM Global Energy and its subsidiaries, an offshore and onshore E&P company, in their chapter 11 restructuring of over $300 million in debt; credit bid sale approved and plan confirmed in the first 3 months of the chapter 11 case filed in Houston, Texas
Chapter 7 trustee in connection with the chapter 7 cases of a bankrupt glassmaker that included a successful multi-party settlement with approximately $729 million in bond debt exchanged for payment by a non-debtor affiliated with entity’s financial backers
Publicly traded marine services company and its affiliates in preparation for the restructuring of over $830 million in debt in its chapter 11 proceedings
TriDimension Energy LLC and its affiliates, an energy exploration and production company, as debtors in possession in their chapter 11 bankruptcy case filed in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division; plan confirmed
Crusader Energy Group, Inc. and affiliates, an energy exploration and production company, as debtors in possession in their chapter 11 bankruptcy cases filed in the United States Bankruptcy Court for the Northern District of Texas; plan confirmed
(11th Cir.) – Assisted litigation team in obtaining favorable ruling for client reversing prior lower court rulings in favor of United Mine Workers of America that all Coal Act liabilities had been discharged in prior bankruptcy
Defendant in a fraudulent transfer action brought by Hallwood Group Incorporated, an energy exploration and production company; litigation successfully settled on favorable terms
Shelf Subsea Services, an SCF Partners portfolio company, in the $17 million acquisition of the Australian and Asian assets of Cal Dive International; distressed acquisition after Cal Dive parent in US sought chapter 11 protection
Publicly traded international oil and gas exploration and production company with respect to bankruptcy issues implicated with an over $82 million property acquisition
Oil and gas company as a non-operating working interest owner in the chapter 11 proceeding of its oil and gas well operator counterparty
DIP lender in a $50 million secured credit facility in the chapter 11 case of a producer of enriched uranium
TH Exploration III, LLC as the section 363 stalking horse bidder for the Appalachia Assets marketed for sale in the chapter 11 case of Stone Energy filed in Houston, Texas
Credentials
- The University of Texas School of Law, J.D. with honors, 2008
- University of Michigan Steven M. Ross School of Business, B.B.A. with distinction, 2005
- Chambers USA, “Up and Coming” in Bankruptcy/Restructuring (Texas), 2024
- The Best Lawyers in America© (BL Rankings, LLC), Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (Dallas), 2022–2025
- Legal 500 U.S., Finance: Restructuring (Including Bankruptcy): Corporate, 2022 and 2024
- Cardozo Society of the Jewish Federation of Greater Dallas, Outstanding Attorney Under 40, 2010; Young Attorney of the Year, 2019
- Dallas Furniture Bank, Top 40 Under 40, 2010
- Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2017 and 2018
- Leadership of the Cardozo Society of the Attorneys’ Division of the Jewish Federation of Greater Dallas
- Member: American Bar Association; Dallas Bar Association; Dallas Association of Young Bankruptcy Lawyers; John C. Ford American Inn of Court; Dallas Bankruptcy Bar Association; American Bankruptcy Institute
- Texas
- all Federal District Courts in Texas
- InsightJune 28, 2024
V&E Restructuring & Reorganization Update
- Rankings & AwardsJune 12, 2024
- Rankings & AwardsJune 6, 2024
- Event RecapNovember 9, 2023
- Rankings & AwardsAugust 21, 2023
- Deals & CasesAugust 7, 2023
- InsightJune 6, 2023
V&E Restructuring & Reorganization Update
- InsightMay 2, 2023
V&E Restructuring & Reorganization Update
- InsightMarch 12, 2023
V&E Restructuring & Reorganization Update
- InsightJanuary 23, 2023
V&E Restructuring & Reorganization Update
- InsightDecember 21, 2022
- InsightAugust 26, 2022
V&E Restructuring & Reorganization Update
Published by Law360, September 15, 2022 - Rankings & AwardsAugust 18, 2022
- Rankings & AwardsJune 16, 2022
- InsightApril 19, 2022
Published by Review of Banking & Financial Services, March 2022
- “Making Sense of a Distress-less Investing Market: Sustainable, Cyclical or Illusionary?” VALCON Conference, May 2022 (speaker)
- “Bankruptcy Financing–The Debtor-In-Possession Credit Alternative,” The Review of Banking & Financial Services, Volume 38, No. 3, March 2022 (co-author)
- “Bankruptcy Restructuring & Reorganization in the Oil and Gas Industry: Overview,” Thompson Reuters Practical Law, May 2021 (co-author)
- “Business: Modern Trends and Creative Uses of DIP Financing,” 12th Annual Texas Bankruptcy Bench Bar Conference, June 2017 (speaker)
- “Dealing in Distressed Energy Assets,” 4 LSU J. Energy L. & Resources 175 (2016) (co-author)
- “Bankruptcy Considerations for Oil & Gas Industry,” American Bar Association Center for Professional Development, June 2014 (speaker)
- “Fundamentals of Valuation Analysis, Part III: Testing the Models in Case Decisions and Other Scenarios,” VALCON Conference, 2013 (contributor)
- “Practical Tips on Privileges,” Continuing Legal Education Presentation, 2012
- “Employee Benefit Plan Issues in Chapter 7 Bankruptcy Cases,” Presentation, 2012 (contributor)
- “Public Finance Challenges and Opportunities for Resolution,” Municipal Finance Journal, Vol. 31, No. 2, Summer 2010 (contributor)
- “Confirmation, Exit Financing, and Structuring Issues,” 5th Circuit Bench-Bar Bankruptcy Conference, April 1–2, 2010 (contributor)
- “Chapter 11 Confirmation and Recent Issues,” Dallas Bar Association Bankruptcy and Commercial Law Section, February 3, 2010 (contributor)
- “Criminal Law: Experts and Expertise—An Update,” by Justice Kerry FitzGerald and Bradley Foxman, Texas Bar Journal, September 2006 (co-author)