Photo of Aaron M. Kaufman

Aaron M. Kaufman Member

Areas of Practice

Industries

Bar Admissions

  • Texas, 2007

Court Admissions

  • U.S. District Court, Northern, Eastern, Southern and Western Districts of Texas
  • U.S. Court of Appeals, Fifth Circuit

Education

University of Houston Law Center, J.D., with honors, 2007

The University of Texas at Austin, B.S., 2002

Aaron Kaufman is a commercial bankruptcy attorney dedicated to understanding his clients’ businesses and what makes them succeed – whether it is helping the client through its own distressed environment or advising clients acquiring distressed assets through the bankruptcy process. Aaron’s practice focuses on business reorganization and commercial litigation. What sets him apart from others in his area is his ability to build relationships and understand his clients’ business environments to be a trusted advisor to his clients, rather a hired gun. Aaron prides himself on staying ahead of the curve on legal and industry developments to provide more strategic options to better achieve success for his clients.

Aaron’s bankruptcy experience runs the gamut, from representing debtors to lenders, committees and investors. One of Aaron’s passions is shepherding his clients through the challenges presented by complex chapter 11 bankruptcy cases, whether through plans reorganization or quick 363 bankruptcy sales. He assists investor clients in acquiring distressed assets and represents clients in all other aspects of commercial bankruptcy cases. Aaron is also an experienced commercial litigator who regularly advises clients on fraudulent transfer and fiduciary duty matters in state and federal court.

Prior to joining Dykema, Aaron was a clerk to the Honorable Leif M. Clark of the United States Bankruptcy Court for the Western District of Texas, now retired. A frequent author and lecturer, Aaron earned a B.S. from the University of Texas and a J.D., with honors, from the University of Houston, where he was an editor of the Houston Journal of International Law and Business.

You can follow Aaron on Twitter: @aaronm_kaufman or find him on LinkedIn.

Experience

Examples of Chapter 11 Debtor Representations:

  • Closed on $75 million of distressed asset sales through 363 sales as debtors’ counsel to mid-stream energy company and related transportation affiliate. In re Connect Transport, LLC, Case No. 16-33971 (Bankr. N.D. Tex.)
  • Confirmed pre-negotiated chapter 11 plan to sell publicly-held pharmaceutical companies through rapid confirmation process. In re Assured Pharmacy, Inc., Case No. 15-40389 (Bankr. E.D. Tex.)
  • Confirmed chapter 11 plan reorganizing mid-sized retail uniform and apparel distribution company as debtor’s counsel. In re IQ Apparel, LLC, Case No. 12-36511 (Bankr. N.D. Tex.)
  • Debtor’s counsel to Central Texas-based oil refinery, and special counsel to trustee in negotiating vendor and insurance settlements necessary to confirm plan of reorganization. In re AGE Refining, Inc., Case No. 10-50501 (Bankr. W.D. Tex.)
  • Debtor’s counsel to regional homebuilder in successful sale of company’s assets to pay down the $100 million in secured debts while down-sizing the company for future building operations. In re Wall Homes, Inc., Case No. 09-30362 (Bankr. N.D. Tex.)
  • Debtor’s counsel in contested sale of debtor’s single asset real estate case and confirmation of a chapter 11 plan of liquidation, including successful defense on appeal. In re Camp Arrowhead, Ltd., Case No. 09-54693 (Bankr. W.D. Tex.)

Examples of Committee and Trustee Representations:

  • Committee counsel in mid-sized well servicing companies’ chapter 11 cases, resulting in successful sale and confirmation of liquidating plan. In re Frac Specialists, LLC, Case No. 15-41974 (Bankr. N.D. Tex.)
  • Committee counsel in publicly-held senior living facility entities’ bankruptcy cases, resulting in confirmation of liquidating plan. In re Mason Coppell OP, LLC, Case No. 14-31327 (Bankr. N.D. Tex.)
  • Chapter 11 Trustee’s counsel in regional community hospital cases, resulting in extensive marketing process, sale and confirmation of plan to reorganize hospital ownership. In re Winnie Community Hospital, LLC, Case No. 12-46841; In re Frontier Healthcare Group, LLC, Case No. 12-46842 (Bankr. N.D. Tex.)
  • Committee and liquidating trustee’s counsel in chemical distributor chapter 11 case, resulting in successful rejection of debtor and equity holders’ competing plans, confirmation of committee’s plan, and successful administration of trust by paying out claims at nearly double the distribution initially projected at confirmation. In re Estes, Inc., Case No. 10-39032 (Bankr. N.D. Tex.)

Examples of Lender and Investor Representations:

  • Lender’s counsel in successful acquisition of E&P company’s 20,000 acres of mineral rights in the Marble Falls unconventional resource play in the Fort Worth Basin through a confirmed chapter 11 plan. In re Sable Operating Co., Case No. 15-33460 (Bankr. N.D. Tex.)
  • Obtained dismissal in serial bad-faith chapter 11 filings and subsequent chapter 13 filings by principals of the borrower, as counsel to the secured lender. In re Margate Bachi, LLC, Case No. 12-40602; In re Jonuzi, Case No. 12-42158 (Bankr. N.D. Tex.)
  • Obtained stalking horse protections for investor client seeking to buy distressed assets of gelato franchisor bankruptcy. In re Authentic Gelato, LLC, 17-33532 (Bankr. N.D. Tex.)
  • Counsel to secured creditor and credit bid purchaser in chapter 11 filing by technology company. In re TXP Corporation, Case No. 09-43659 (Bankr. N.D. Tex.)
  • Obtained venue transfer in single asset case on behalf of secured creditor. In re Lakeview at Carolina Beach, LLC, Case No. 10-34542 (Bankr. N.D. Tex.)

Examples of Litigation and Other Creditor Representations:

  • Successful defense of former chairman and CEO of large well-servicing company in $200+ million claims brought by liquidating trustee for breach of fiduciary duty, fraudulent transfers and preferential transfers. In re Green Field Energy Servs., Proc. No. 15-50262 (Bankr. D. Del.)
  • Summary judgment and appellate victories in lawsuit brought by a subcontractor of the borrower under the Texas Construction Trust Fund Act. Dakota Util. Contrs., Inc. v. Sterling Commer. Credit, LLC, 2018 Tex. App. LEXIS 7076, 2018 WL 4144201 (Tex. App.—Corpus Christi Aug. 30, 2018, pet. filed)
  • Obtained appointment of chapter 11 trustee in bankruptcy case filed by majority owners in an effort to dilute client’s ownership interest in Hawaiian real estate investment. In re Pacific Plains Company, LLC, Case No. 12-31653 (Bankr. N.D. Tex.)
  • Negotiated settlements on behalf of the largest creditor in chapter 11 of a free standing emergency room (FSER), resulting in a sale of the business and a liquidating plan to maximize return for creditors. In re Ascent Group, LLC d/b/a PhysiciansER – Oak Lawn, Case No. 16-34436 (Bankr. N.D. Tex.)
  • Protected national brand in multiple filings by pizza restaurant franchisees. In re Greenville Dough, LLC and Denton Dough, LLC, Case Nos. 17-31858 and 17-34650 (Bankr. N.D. Tex.)
  • Frequent defense of individuals and companies in fraudulent transfer and preferential transfer lawsuits brought by chapter 7 and chapter 11 trustees.
  • Frequent representation of secured lenders in small business and single asset bankruptcy filings
  • Frequent representation of landlords in complex chapter 11 bankruptcy cases.

Memberships & Involvement

American Bankruptcy Institute, Volo Project – Circuit Court First Responders, contributor, 2010-present

Recognized in Texas Super Lawyers® for Bankruptcy: Business, 2018

Recognized in Texas Super Lawyers® as a Rising Star for Bankruptcy: Business, 2016-2017