Eric T. Haitz

Partner

Eric Haitz finds balance between commercial issues and legal insights when advising clients on financial restructuring, chapter 11, and distressed asset acquisition matters. He customizes strategic solutions to align with clients’ business needs, all while managing the tension between the rights and interests of debtors and creditors.

With his extensive experience representing virtually every constituency in chapter 11 cases, Eric excels in translating complex legal issues into clear, actionable decision points for clients. His business training sharpens his ability to analyze financial data and business diligence, crucial in valuation disputes, diligence processes, and claim-recovery analyses—meaningful contributions to lean client management teams.

Beyond typical debtor and creditor representations, Eric is known for being a stabilizing force in teetering deals and a formidable advocate in intractable disputes. He is adept at negotiating, finalizing, and litigating intricate credit documents, chapter 11 plans, and contract disputes. Equally, he is experienced in orchestrating multi-party settlements that prevent distress assets from spiraling into protracted litigation or value-reducing liquidation.

Eric was born in Indianapolis and raised in Southlake, Texas. He began his career at Akin Gump in Dallas, followed by Gibson Dunn in Houston. There he focused primarily on Financial Restructuring, as well as Corporate Governance and M&A practice areas. Eric’s experience working in complex and contentious chapter 11 cases emboldened his ability to focus on the most salient issues, without losing track of the finer details, and broadened his appreciation of the interests and strategies deployed by differently-situated parties in bankruptcy proceedings.

Some of his representations include:

  • Buyer’s counsel in a § 363 sale of oil & gas assets located in Colorado and Utah
  • Counsel to a secured creditor in a complex chapter 11 proceeding in the SDTX Bankruptcy Court, resulting in the successful negotiation of settlement agreement allowing the clients’ $27 million secured claim and permitting the client to foreclosure on collateral in full satisfaction of the claim
  • Counsel to a mechanic’s lienholder in a complex chapter 11 proceeding leading to a full recovery (when other mechanic’s lienholders received only takeback paper)
  • Counsel to publicly-traded ERCOT member in connection with all aspects of Winter Storm Uri’s disruption in the ERCOT energy market, including: serving as bankruptcy counsel in 5 separately administered chapter 11 proceedings; negotiation 5 asset purchase agreements for the assignment of assets from various CREPs for which the client served as QSE; obtaining standing to intervene in several adversary proceedings affecting client’s market-wide interests
  • Counsel to creditor in subchapter V small business chapter 11 proceeding wherein the debtor and client were co-defendants in a lawsuit commenced by a contract counterparty of the Debtor
  • Counsel to international franchisor in connection with out-of-court workout and forbearance agreements entered into by 10 separate franchisees
  • Counsel to international franchisor in connection with multiple chapter 11 proceedings commenced by franchisees
  • Counsel to a special servicer in connection with 4 chapter 11 proceedings commenced by single asset real estate debtors, successfully obtaining dismissal, receiverships, or consensual chapter 11 plans in each
  • Counsel a private equity company in connection with the global settlement of its claims (and claims against it) in more than five separately-administered bankruptcy cases across three jurisdictions, resulting the resolution of substantially all of the client’s bankruptcy claims
  • Counsel to a private equity company in connection with its profits interest and other contractual rights in various media assets of the Weinstein Company and its affiliated debtors sold pursuant to section 363 to a third-party purchaser, including various contested proceedings to enforce provisions of the purchase agreement

ADIMISSIONS & CERTIFICATIONS

  • State Bar of Texas
  • U.S. District Court, Northern and Southern Districts of Texas

EDUCATION

  • University of Virginia Darden Graduate School of Business (M.B.A.)
  • University of Virginia School of Law (J.D.)
  • University of Virginia College of Arts and Sciences—Politics (B.A.)

HONORS

  • Intern to the Honorable Catarina Haynes, United States Court of Appeals for the Fifth Circuit
  • Intern to the Honorable Jorge Solis, Chief Judge of the United States District Court for the Northern District of Texas

PROFESSIONAL AFFILIATIONS & MEMBERSHIPS

  • Dallas Bar Association
  • Tarrant County Bar Association
  • Turnaround Management Association