Edward L. Rothberg
Board Certified in Business Bankruptcy Law by the Texas Board of Legal Specialization
- Texas, 1980
Edward L. Rothberg is the head of the Hoover Slovacek LLP bankruptcy practice, and has been practicing creditor's rights and bankruptcy law for the past 30 years. Prior to entering private practice, Mr. Rothberg was a trial attorney with the Department of Justice, Tax Division where he represented the IRS in some of the largest bankruptcy cases in Texas including Braniff and Continental. After entering private practice, Mr. Rothberg has represented institutional lenders, secured creditors, unsecured creditors, debtors, committees, bankruptcy trustees, lessors, and indenture trustees in numerous out of court workouts as well as large and complex bankruptcy cases including Placid Oil, Circle K, Pengo Industries, Houston Imaging Center, Sunaire Express, Florida West Gateway, Newport Partners, Major Funding, Kimball Trading, Sentry Operating Company of Texas, Sterling Affiliates, Ltd., Golden Oil, Goldstar Emergency Services, Inc., Raveneaux Country Club, TKO Sports Group, Inc., and Diagnostic Clinic of Houston.
It has long been Mr. Rothberg's practice to ascertain the financial condition of the client and engage in the financial restructuring of the company, filing the Chapter 11 bankruptcy only as a last resort. Financial restructuring, whether involving the sale of assets, merging divisions and related entities, negotiating with the secured and critical vendors, or the change in ownership, has resulted in a win-win situation. It is estimated that Mr. Rothberg has successfully restructured the debt of approximately one-third of his client base. The clients are able to continue and maintain operations, protecting the positions and livelihoods of multiple stakeholders: principles, employees, vendors, and investors, without the high costs associated with a Chapter 11 filing.
Bankruptcy and Out of Court Workouts
In practice, Mr. Rothberg represents creditors, debtors, and equity holders at every stage of reorganization, both in and out of court, primarily in Chapter 11 business reorganizations. Additionally, Mr. Rothberg specializes in resolving tax problems in bankruptcy and related adversarial matters in which creditor rights are being contested. With respect to debtor work, Mr. Rothberg has represented a wide variety of debtors, and has been successful in restructuring debt both inside and outside Chapter 11. By not limiting the firm's practice to either debtor or creditor work, Hoover Slovacek is able to maintain a more neutral perspective and to predict the opposing side's reaction to a particular strategy.
- Mr. Rothberg and his associates represented seven oil field services companies in the TXCO Chapter 11 bankruptcy case, whose clients held claims of approximately $21 million. Through their substantial efforts in combination with other interested parties in the case, their clients received a cash payment in full satisfaction of their claims with interest and attorneys' fees. This was a cooperative team effort which proves that Chapter 11 can be used in a very successful manner.
- Over 30% of Mr. Rothberg's business clients have been able to successfully restructure their debt without the filing of a Chapter 11 bankruptcy.
Since 1995, he has been a member of the Houston Chapter of the Turnaround Management Association ("TMA"), an interdisciplinary group of professionals dedicated to the business of corporate renewal. In connection with the TMA, Mr. Rothberg has served as program chair, co-chair of the education committee, vice president, president and he is currently a member of the board of directors.
Mr. Rothberg has spoken at numerous seminars and is the author of the following legal articles: Secrets of Successful Out of Court Debt Restructures; Utilizing a Jury Demand to Obtain Leverage in a Preference Case; The Claims Estimation Process: A Valuable Tool for Obtaining Plan Confirmation; Representing the Unsecured Creditor; The Impact of Bankruptcy on Intellectual Property License Agreements; What Lenders Need to Know about the New Article 9; The Discharge of Tax Claims in Bankruptcy; Resolving Federal Tax Problems in Bankruptcy.