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Shareholder
2323 Bryan Street
Suite 2200
Dallas, Texas 75201
phone: (214) 969-4938
facsimile: (214) 969-4999
Email:
d'apice@sbep-law.com
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Areas of Practice
- Bankruptcy
- Litigation
- Appellate
Practice Description
In his bankruptcy practice, Peter has successfully represented debtors and creditors in all manner of adversary proceedings and contested matters, including preference actions, fraudulent transfers, turnover actions, relief from the automatic stay, setoff and recoupment, executory contracts, abandonment motions, Rule 2004 examinations. His practice has included representing bankruptcy trustees and liquidating trusts in litigation matters resulting in the recovery of millions of dollars for the trustees. An experienced trial lawyer, Peter has appeared before bankruptcy and federal district courts, as well as in state courts, appellate courts, and regulatory and arbitration proceedings. The substantive areas of his varied experience have included director and officer liability, ERISA, insurance coverage, products liability, personal injury, medical malpractice, trademark issues, securities litigation, RICO, white-collar and blue-collar criminal defense, construction, False Claims Act, corporate compliance issues. Representative bankruptcy cases in which he has been involved include ICH Corporation (Lone Star Liquidating Trust), AHERF (Tenet Healthcare Corporation), National Gypsum, Inc. (ACMC), AmeriTruck Distribution Corporation (Chapter 7 Trustee), TIC United Corp. (Chapter 7 Trustee), Friede Goldman. Peter has received the highest rating from Martindale-Hubbell, AV, indicating very high to preeminent ethics and legal ability.
Recent Representative Matters
- John H. Litzler (In re TIC United Corp.), Chapter 7 Trustee v. CitiCapital Commercial Corporation and CitiCapital Commercial Leasing Corp., 305 B.R. 270 (Bankr. N.D.Tex, 2003).
- National Gypsum Co. v. NGC Settlement Trust and the Asbestos Claims Management Corporation (In re: National Gypsum Co.), 219 F.3d 478 (5th Cir. 2000).
- Brown v. Sayyah (In re: ICH Corporation), 230 B.R. 88 (N.D. Tex. 1999).
- Hawkins v. National Association of Securities Dealers, Inc., et al., No. CA 3-96-CV-3219-R (N.D. Tex. 1998) reprinted at 1998 U.S. Dist. LEXIS 1884.
- Mesa Oil, Inc. v. Insurance Company of North America, 123 F.3d 1333 (3d Cir. 1997).
- Postal v. Princess Cruises, Inc., et al., 163 F.R.D. 497 (N.D. Tex. 1995).
- Ennis v. Davies, et al., No. 87 Civ. 1465 (LMM) (S.D.N.Y. 1990) reprinted at 1990 U.S. Dist. LEXIS 10500.
Activities and Affiliations
- Barrister, Hon. John C. Ford American Inn of Court
- American Bankruptcy Institute
- State Bar of Texas
- College of the State Bar of Texas
- Dallas Bar Association
- New York State Bar
Education and Experience
- Iona College (B.A., cum laude)
- The University of Texas School of Law (J.D., with honors, 1987)
- Law Clerk to the Honorable Hayden W. Head, Jr., United States District Court for the Southern District of Texas (1987-1988)
- Admitted to practice before: United States Supreme Court, New York State courts, Texas State courts, United States Courts of Appeals for the Second, Fifth and Tenth Circuits, and United States District Courts for the Southern and Eastern Districts of New York and the Northern, Southern, Eastern and Western Districts of Texas
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