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Overview

Paul Moak is a principal in McKool Smith's Houston office. Mr. Moak focuses on complex commercial litigation, primarily arising from commercial bankruptcy cases. In his practice, he has represented debtors, secured lenders, creditor committees and equity committees in bankruptcy reorganization proceedings, as well as bankruptcy-related litigation matters. He possesses particular expertise in the mortgage-loan, energy, health-care, chemicals, and aviation industries. Mr. Moak has handled a wide range of litigation arising from his bankruptcy-related representations, including claims to recover fraudulent conveyances and preferential transfers, claims against officers and directors for breach of fiduciary duties, claims involving auditor liability, and claims for recharacterization and equitable subordination.

Experience

Representative Matters

  • Freddie Mac. Represented Freddie Mac in numerous matters, including litigation related to the bankruptcy of Taylor, Bean & Whitaker Mortgage Corp., the largest independent mortgage lender in the United States prior to its bankruptcy.
  • Freddie Mac v. Deloitte & ToucheRepresented Freddie Mac in its $1.75 billion lawsuit against Deloitte, asserting auditor liability and negligent misrepresentation claims.
  • Compton v. Burton.  Represents the liquidating trustee for Buccaneer Energy in claims exceeding $100 million against former officers and directors for breach of their fiduciary duty.
  • In re Ocala Funding LLC. Represented a party in defense of the debtor’s alleged $800 million fraudulent transfer claim.
  • In re Residential Capital/GMAC. Represented a large creditor in the ResCap/GMAC bankruptcy proceedings, including with respect to the debtors’ transfer of its loan servicing platform.
  • In re Mirant Energy (MCAR v. Southern Company). Represented the post-confirmation litigation trust for Mirant Energy in its $2 billion lawsuit against the Southern Company for claims arising from Southern’s spin-off of Mirant.
  • In re BearingPoint LLC. Represented BearingPoint's liquidating trustee in post-confirmation litigation matters, including claims against the company’s former officers and directors for breach of fiduciary duties, as well as numerous claims against other parties for the recovery of fraudulent and preferential transfers.
  • In re Deep Marine. Represented creditors’ committee in bankruptcy proceedings of the operator of vessels and remotely-operated subsea vehicles used to service offshore oil and gas drilling.
  • In re Seven Seas Petroleum. Represented the bankruptcy trustee for Seven Seas Petroleum in various litigation matters on behalf of the bankruptcy estate, including claims against the company’s former officers and directors for breach of their fiduciary duties.
  • In re Paragon Brands. Represented the equity committee in bankruptcy of diaper manufacturer, including the assertion of Paragon’s claims against its former parent, Weyerhauser, arising from Weyerhauser’s spin-off of Paragon.
  • In re Storm Cat Energy. Represented the prepetition secured lender and debtor-in-possession lender in bankruptcy of gas exploration and production companies.
  • In re TXCO Resources. Represented prepetition secured lenders and debtor-in-possession lenders in bankruptcy of oil and gas exploration and production companies.
  • In re Sterling Chemicals, Inc. Served as co-counsel for chemical company debtors.
  • In re Kitty Hawk. Represented bank group in bankruptcy of domestic air cargo company.

Recognition

Rankings & Honors

  • Recognized for Bankruptcy and Insolvency litigation in Texas in the 2016 and 2017 editions of Chambers USA.

News & Events

Education

J.D., magna cum laude, University of Houston Law Center, 1995

  • Note and comment editor, Houston Law Review
  • Order of the Coif

B.B.A., summa cum laude, University of Houston, 1992

Court Admissions

  • State of Texas
  • The U.S. District Courts for the Southern and Northern Districts of Texas

Bar Associations

  • State Bar of Texas
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