Practice Areas

Out-of-Court Workouts and Restructuring

For some, bankruptcy is necessary to rebuild financial health. However, there are alternatives to bankruptcy that yield better financial outcomes.

Chapter 11 Debtor Representation

Chapter 11 of the United States Bankruptcy Code offers business debtors, and certain others, the opportunity to restructure their finances.

Subchapter V Debtor Representation

the Tittle Law Group also represents businesses wishing to file bankruptcy under the new Subchapter V of Chapter 11 (Subchapter 5).

Chapter 7 Debtor Representation

Chapter 7 bankruptcy allows debtors to receive a financial “fresh start” by discharging (eliminating) most of their unsecured debts.

Bankruptcy Litigation

Our attorneys have cultivated a breadth of knowledge that enables them to thoroughly analyze and manage all types of bankruptcy litigation.

Business/Commercial Litigation

We represent both individual and business clients in a vast range of business and commercial litigation matters.

Out-of-Court Workouts and Restructuring

For some individuals and businesses, bankruptcy is necessary to resolve insurmountable debt and to rebuild financial health. However, for many, there are alternatives to bankruptcy that yield better financial outcomes.

The Tittle Law Group works with businesses and individuals in financial difficulty, and with creditors, to craft individualized, non-bankruptcy resolutions to financial crises. We are committed to expediting the process of debt resolution while minimizing costs, reaching a solution that will be in our client’s best interests and ideally, that of all parties to the process.

The Tittle Law Group offers a team of attorneys who concentrate their practices in bankruptcy, insolvency, and litigation. With over ten years of practice in these areas, we have the experience to identify creative solutions to our clients’ financial problems. Our business clients are often relieved to learn they can avoid bankruptcy, and creditors appreciate the ability to maximize recovery of assets outside of bankruptcy rather than see a debtor file Chapter 11 or Chapter 7. Non-bankruptcy solutions include:

  • Workouts and restructurings, in which the Tittle Law Group’s attorneys negotiate a resolution between a debtor and creditors. Workouts are often a “win-win” in which creditors receive more than they would in bankruptcy, and debtors are able to resolve debt issues without resorting to bankruptcy.
  • Assignments for benefit of creditors, in which a business debtor assigns its assets to an independent fiduciary (also known as an “assignee”) who liquidates those assets for the benefit of the debtor’s creditors. This process may be quicker and less expensive than a bankruptcy proceeding and may provide greater privacy to a debtor than the bankruptcy process affords. The Tittle Law Group has successfully represented debtors and assignees in this context.
  • Dissolution under state law, where there is concern with respect to the preservation of the debtor’s assets due to pending creditor litigation and where a non-bankruptcy court may appoint an independent third party to protect and manage the debtor’s assets pending the outcome of the litigation.

The Tittle Law Group has represented individual debtors, creditors, and businesses of all sizes in debt restructuring and workout matters for over forty years. We invite you to contact the Tittle Law Group to learn more about our firm, our experience, and our services.

Chapter 11 Debtor Representation

Chapter 11 of the United States Bankruptcy Code offers business debtors, and certain individual debtors, the opportunity to restructure their finances, reduce their obligations, and modify terms of payment. For businesses owned by a corporation, limited liability company, or partnership, Chapter 11 is the only bankruptcy option that allows for restructuring and continued operation of a business as a going concern.

Few law firms have the experience with the less common, and more complex Chapter 11 cases that the Tittle Law Group has been handling for over ten years. We represent all types of businesses and individual Chapter 11 debtors, as well as trustees and creditors’ committees in Chapter 11 matters.

We offer our business and individual clients the sophisticated legal knowledge and depth of experience that is typically available only at much larger firms, along with the personal attention for which small boutique firms are known.

Chapter 11 bankruptcy is not merely a supplement to our primary bankruptcy practice, but a central part of our practice. The Tittle Law Group assists individuals and businesses with every aspect of Chapter 11 cases, including:

  • Comprehensive evaluation of financial situation and thorough exploration of potential alternatives to bankruptcy;
  • Advising individual debtors and management of corporate debtors in advance of and throughout the course of Chapter 11 proceedings;
  • Troubleshooting potential impediments to successful Chapter 11 proceedings;
  • Negotiation of Chapter 11 plan details;
  • Representation at confirmation hearings for contested Chapter 11 plans;
  • Litigating avoidance actions;
  • Offering guidance on and structuring the sale or purchase of distressed assets;
  • Making financing arrangements for debtors-in-possession; and
  • Advising companies regarding corporate restructuring.

Chapter 11 is only one of a number of options for businesses in financial distress. The Tittle Law Group offers extensive experience in business and commercial litigation, insolvency and workouts, and Chapter 7 bankruptcy. We are committed to assisting clients identify and implement whatever legal options will best suit their corporate and personal financial needs. We invite you to contact the Tittle Law Group to learn more about our team, our experience, and our services.

Subchapter V Debtor Representation

In additional to traditional Chapter 11 representation, the Tittle Law Group also represents businesses wishing to file bankruptcy under the new Subchapter V of Chapter 11 (Subchapter 5). The Small Business Reorganization (SBR) Act of 2019 added a Subchapter V under Chapter 11 of the United States Bankruptcy Code to give small businesses a faster, less burdensome, and less expensive option for reorganization. The law went into effect on February 19, 2020, and made Subchapter V bankruptcy available to businesses with less than $2,725,625 in aggregate secured and unsecured noncontingent and liquidated debt.

Shortly after the SBR Act went into effect, some of its Subchapter V provisions were amended by the Coronavirus Aid, Relief, and Economic Security (CARES) Act that was signed into law March 28, 2020. The CARES Act expanded the number of businesses eligible for Subchapter V by increasing the debt limit to $7.5 million until March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, which was signed into law March 27, 2021, extended the debt limit of $7.5 million for an additional year.

Filing for Chapter 11 bankruptcy often involves a lengthy process to modify or discharge business debt using a reorganization plan that has been approved by at least one class of impaired creditors and the Bankruptcy Court. Some small businesses found Chapter 11 proceedings were too difficult and expensive to serve as a practical tool for reorganization and either abandoned the idea of filing for bankruptcy or were forced to liquidate under Chapter 7.

The key benefits of Subchapter V bankruptcy include:

  • Continued Ownership and Management. So long as unsecured creditors are paid using the debtor’s disposable income for a period of three to five years under a reorganization plan, equity holders will continue to own and manage the business. Disposable income is defined as income that is not needed to pay the expenses necessary to continue the debtor’s business operations.
  • 90 Days to File a Plan. Debtors must file a plan no later than 90 days after entering bankruptcy unless a judge orders otherwise.
    Additionally, only the debtor may file a plan for reorganization.
  • No Disclosure Statement. The disclosure statement that must be filed by most Chapter 11 debtors is not required in a Subchapter V bankruptcy unless ordered by the court for cause. A Chapter 11 disclosure statement usually includes such things as a brief history of the debtor’s business operations, a liquidation analysis, and projections regarding the debtor’s ability to make payments under the plan.
  • No Creditors’ Committee. Under Subchapter V, no committee of creditors will be appointed unless ordered by the Bankruptcy Court.
  • No Creditor Approval Needed. A reorganization plan can be confirmed without the vote of an impaired accepting class so long as the plan is deemed fair and equitable to each class of claims and does not discriminate unfairly.
  • Delayed Payment of Administrative Expenses. In a traditional Chapter 11 case, administrative expense claims must be paid on the effective date of the reorganization plan, but a Subchapter V debtor may stretch those payments over the term of the plan.
  • Specialized Trustee Appointed. The debtor continues to manage the business, but one or more Subchapter V trustees will be appointed to monitor the debtor’s affairs, evaluate the debtor’s assets, assess the debtor’s prospect for success, and offer recommendations regarding the confirmation of the debtor’s plan.

To elect Subchapter V bankruptcy, a debtor must qualify as a small business debtor engaged in commercial or business activities that have aggregate noncontingent liquidated secured and unsecured debt of not more than $7.5 million ($2,725,625 after March 27, 2022), excluding debts owed affiliates or insiders. At least 50% of that debt must be from the debtor’s commercial or business activities. Finally, the commercial or business activities of an eligible small business debtor include those of any affiliate but exclude any person whose primary activity is owning single-asset real estate.

Our attorneys at the Tittle Law Group are ready to provide guidance and representation to businesses considering Subchapter V bankruptcy. Our attorneys are experienced in all forms of bankruptcy representation and will utilize that experience to successfully guide businesses through their Subchapter V bankruptcy proceedings.

Chapter 7 Debtor Representation

Chapter 7 bankruptcy allows debtors to receive a financial “fresh start” by discharging (eliminating) most of their unsecured debts. Certain debts, including student loans and domestic support obligations, cannot be discharged in bankruptcy. The Chapter 7 process involves filing schedules of all of the debtor’s assets and debts. The case is assigned to a bankruptcy trustee, who will take control of all assets except those that are exempt by law. Exempt assets are kept by the debtor. The trustee may liquidate non-exempt property, the proceeds of which are used to pay creditors.

In a typical Chapter 7 case, a debtor will make one appearance before the bankruptcy trustee, at the First Meeting of Creditors. This is an opportunity for the trustee, and any creditors who wish to appear, to ask the debtor questions about the bankruptcy case and events leading up to the Chapter 7 filing. In a typical case for an individual Chapter 7 debtor, an order discharging the debtor’s debts will be issued about 60 days after this meeting.

The Tittle Law Group has represented individuals and small business owners in Chapter 7 bankruptcy matters, particularly those that are more complex than the typical Chapter 7 case. We offer our business and individual clients the legal knowledge and expertise gained through decades of experience with the service and personal attention one would expect of a smaller law firm.

Our attorneys guide clients through every step of a Chapter 7 bankruptcy case, from initial determination that Chapter 7 is the best option, to the filing of bankruptcy petitions, schedules and financial information, through the Meeting of Creditors, discovery, litigation and, ultimately, the close of the case.

Bankruptcy Litigation

It has been said that it is difficult to be a good bankruptcy attorney without being a good litigator. However, even the most experienced civil litigators may find themselves at a disadvantage in bankruptcy litigation unless they also are experienced in bankruptcy practice. At the Tittle Law Group, our attorneys have cultivated a breadth of knowledge that enables them to thoroughly analyze and manage all types of bankruptcy litigation.

We represent debtors, secured and unsecured creditors, landlords, Chapter 7 and Chapter 11 bankruptcy trustees and creditors’ committees in Chapter 11 cases. Among the many bankruptcy litigation matters the Tittle Law Group has successfully resolved are:

  • Prosecution or defense of fraudulent transfer and preference claims;
  • Allowance and disallowance of claims;
  • Prosecution or defense of Complaints objecting to discharge and dischargeability;
  • Prosecution or defense of Complaints seeking turnover of property of the estate;
  • Enforcement or defense of automatic stay issues;
  • Preliminary injunctions and temporary restraining orders;
  • Contested bankruptcy asset sales and purchases; and
  • Bankruptcy appeals.

The Tittle Law Group has been involved in litigation relating to adversary proceedings and contested matters in bankruptcy courts in Texas, and nationally for over ten years. Our experience in both bankruptcy and commercial litigation uniquely qualifies us to protect our clients’ financial interests in bankruptcy litigation. We invite you to contact the Tittle Law Group to learn more about our team, our experience in all areas of bankruptcy litigation, and our services.

Business/Commercial Litigation

The Tittle Law Group represents both individual and business clients in a vast range of business and commercial litigation matters. Because we are well-known for assisting clients in resolving financial and debt issues, we are frequently contacted by parties who are, or expect to be, involved in business litigation. We assist clients in resolving commercial disputes in a way that is least disruptive to their lives, businesses and interests.

The Tittle Law Group represents clients in state and federal courts in a variety of matters, including:
Breach of fiduciary duty claims;

  • Contract disputes;
  • Mortgage foreclosure;
  • Guaranty collection;
  • Real estate litigation;
  • Landlord/tenant litigation;
  • Preliminary injunctions and temporary restraining orders;
  • Lender liability claims;
  • Shareholder disputes; and
  • Post-judgment proceedings.

At the Tittle Law Group, we have the experience to know what works in business and commercial litigation, the flexibility to develop creative solutions to commercial disputes, and the persistence to advocate for our clients to achieve an optimal outcome.