H. Joseph Acosta

H. Joseph Acosta

Member

1601 Elm Street, Suite 4600
Dallas, Texas 75201
T: (214) 237-6386
F: (214) 953-1332

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Joseph has a broad base of bankruptcy, corporate restructuring, work-out and commercial litigation experience.  As a former member of the corporate restructuring group of Jones Day, he was substantially involved in some of the largest chapter 11 bankruptcy cases in the United States.  He has taken leading roles in representing debtors-in-possession, creditors' committees, trustees, examiners, putative debtors, lenders, landlords, lessees, commercial creditors, asset purchasers, professionals and other interested parties in all types of insolvency proceedings, including involuntary bankruptcy proceedings and appeals.  Joseph further has extensive experience with creditor's rights and commercial litigation matters, having served as Texas bankruptcy counsel for various retailers and financing companies and having represented all types of commercial litigants in contractual disputes in and out of bankruptcy.

Area of Practice
Recent News
Board Certifications
  • Board Certified in Business Bankruptcy by the American Board of Certification
Representative Experience
  • Represented several multi-national and national corporations, including North America's third largest aluminum producer, North America's second largest operator of funeral homes and cemeteries, one of the largest North American manufacturers of home textile products and an internet furniture company, in their successful chapter 11 bankruptcy cases.
  • Represented the creditors' committee in the bankruptcy liquidation of a vertically-integrated agricultural seed company in an Arizona bankruptcy.
  • Represented member of a creditors committee in a case involving a national distributor of pesticides.
  • Represented a member of an equity committee to formulate a competing chapter 11 plan in a Delaware bankruptcy involving a manufacturer of photonics-based solutions and precision motion devices.
  • Represented healthcare management company with multiple clinics throughout Texas and Arizona in its chapter 11 bankruptcy.
  • Represented E&P company in its chapter 11 bankruptcy in Houston. 
  • Represented several Fortune 500 companies, including a global telecommunications company and national fabrics retailer, in acquiring portions or substantially all the assets of various bankrupt entities.
  • Represented a chapter 11 debtor in its acquisition and replacement of a $300 million financing facility.
  • Represented a chapter 11 trustee in the orderly, bankruptcy liquidation of a Texas mortgage company.
  • Obtained dismissal of an involuntary bankruptcy petition filed against a facilities-based provider of broadband communications services.
  • Represented a manufacturer of respiratory devices in protecting its contribution rights against a debtor/defendant in an asbestos-related bankruptcy.
  • Represented a national automotive repair company in enforcing the terms of an asset purchase agreement under which the company acquired all of its Texas operations against the bankrupt seller.
  • Defended several Fortune 100 companies and directors and officers in substantial preferential and fraudulent transfer litigation.
  • Represented a fee examiner in a successful chapter 7 liquidation.
  • Defended an international soft drink company and related bottling companies in a contractual dispute with a bankrupt national grocery chain.
  • Served as Texas counsel for several financing companies, a national retail company, a national medical device supplier and a regional furniture company in small business bankruptcy cases.
  • Represented a Canadian sports destination travel company in a class action related to the Beijing Olympics.
Professional Activities, Memberships & Affiliations
  • State Bar of Texas, 1998
  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • American Bankruptcy Institute, Editor, Circuit Law Updates Program
  • Dallas Bar Association, Member, Bankruptcy Section; Member, Publications Committee; Member, Public Forum Committee
  • State Bar of Texas, Member, Business Bankruptcy Section
  • American Bar Association
  • Texas Bar Foundation, Fellow
  • Dallas Association of Young Lawyers Foundation, Fellow
  • San Antonio Young Lawyers Association, Former Director
  • Commercial Finance Association, Co-Chair, Education Committee
Community Involvement, Memberships & Affiliations
  • Children's Chorus of Greater Dallas, Board Member (2005 - current)
  • The Warren Center, Board of Trustees (2005 - 2009)
Publications & Speeches

The following Publications & Presentations are not available online. If you would like a hard copy, please contact this attorney.

  • Speaker, "Tax Implications of Bankruptcy," Houston CPA Society's Annual Tax Exposition, January 10, 2011
  • Author and speaker, "Strategic Use of Involuntary Bankruptcy," 27th Annual Jay L. Westbrook Bankruptcy Conference, University of Texas School of Law, November 13-14, 2008
  • Speaker, "Practical Implications of Bankruptcy on Litigation Practice," Practice Pointer Conference, Hermes Sargent Bates, October 26, 2007
  • Author, "Third Circuit Says 'No' to Double-Discounting," ABI Journal, Vol. XXV, No. 6, at 26, American Bankruptcy Institute, July/August 2006
  • Author, "'Cramdown' of Secured Creditor Under Chapter 11 Plan Requires Market Rate of Interest," ABF Journal, Vol. 4, No. 6, at 52, ABF Journal, Inc. July/August 2006
  • Author, "Bankruptcy Jurisdiction Upheld in a State Probate Matter," Headnotes, Vol. 30, No. 7, at 8 Dallas Bar Association July 1, 2006.
  • Author, "Rule of Explicitness Applied to Subordination Agreements," 2 Business Restructuring Review, No. 6, at 8, Jones Day, June 2003
  • Co-author, "Effect of Revised Article 9 on Consumer Transactions," 9 J. Bankr. L. & Prac. 571, September/October 2000
  • Co-author, "Summaries of Recent Developments in Bankruptcy Law under the Supreme Court, Fifth Circuit, Western District of Texas and Texas Supreme Court," Bench Bar Conference for Western District of Texas, September 2000
  • Co-author, "Restrictions on Assumption and Assignment of Contracts and Leases Pursuant to 11 U.S.C. § 365(c)(1)," ABI Winter Leadership Conference, December 1999
  • Speaker, Issues Relating to 341 Meeting of Creditors, NARCA Conference, Tampa, Florida, Fall 1999
  • Speaker, Effect of Revised Article 9 on Commercial Transactions, Lorman Education Services, San Antonio, Texas, Fall 2000
Education
  • 1994 - B.A., Emory University
  • 1998 - J.D., University of Houston
Honors
  • "Texas Rising Star" - Texas Monthly and Law & Politics Magazine, 2005, 2007, 2008
Languages
  • Spanish
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