H. Joseph Acosta

E: joseph.acosta@fisherbroyles.com

T: (214) 614-8939

F: (214) 614-8992

M: (214) 763-3440

Dallas Office

vCard

H. Joseph Acosta

Practice Areas:

  • Bankruptcy & Restructuring
  • Commercial Transactions
  • Energy/Oil & Gas Law
  • Financial Services & Lending
  • General Corporate
  • Litigation – Appellate
  • Litigation – Civil Pretrial and Trial Services

Bar Admissions: 

  • Texas
  • U.S. District Courts, Northern, Southern, Eastern and Western Districts of Texas

Education:

  • University of Houston Law Center, J.D., 1998
    • Dean’s Scholar
    • Order of the Barristers
    • National Moot Court & Mock Trial Teams
    • Winner, F. Lee Bailey Moot Court Competition
  • Emory University, B.A., 1994
    • Barkley Forum Scholar
    • National Debate Team

Large Law Firm Experience:

  • Jones Day
  • Cox Smith, Inc.

Languages: Spanish

Current Author: corporaterestructuringreview.com

Joseph has a broad base of bankruptcy, corporate restructuring and commercial litigation experience, having worked at national and international law firms, like Jones Day and Cox Smith, for most of his career. During his 17 years as a lawyer, he has been involved in some of the largest and most complex restructurings and litigation projects in the United States. He has taken lead roles in successfully representing banks, financing companies, distressed companies, committees, trustees, individuals, landlords, asset purchasers, retailers, and commercial creditors in all types of proceedings, including bankruptcy proceedings, federal and state lawsuits, arbitrations, and appeals.

He has been debtor’s counsel to Kaiser Aluminum Corporation, USG Corporation, Turnkey E&P Corporation, Pillowtex, Inc., Loewen Group International, Inc., CTC Communications, Inc., Slater Steel, Inc., FastBucks Holding Corporation, Diabetes America, Inc., Solo Serve Corporation, Pogue Seed Company, living.com, AHI Services, Inc. and Texas Building Supply, L.P. in their chapter 11 bankruptcy cases. He has represented numerous lending institutions, including Well Fargo, N.A, as an indenture trustee in Amresco, Inc.’s bankruptcy; Centaurus Capital L.P. in a $30 million out-of-court restructuring of a national coal company; Bank of America, N.A., as a $200 million secured lender in Tri-Union Development Corporation’s bankruptcy; TierOne Bank, as a $50 million secured lender in DLH Master Land Holding, LLC’s bankruptcy; Hilco Capital, LP, as a secured lender in L.D. Brinkman’s bankruptcy; and GE Capital Financing, as a medical equipment financier in various heathcare bankruptcies in Texas.

Joseph further has extensive experience in commercial litigation matters. Joseph’s successes include leading the dismissal of a $30 million preference claim against an Ethanol Company; leading the dismissal of a class action against a Canadian destination company involving Olympic ticket sales; leading the dismissal of an involuntary bankruptcy initiated against a $200 million telecommunications company; leading the defense of a consumer financing company against a $20 million AG judgment; defending the principal of an E&P Company against a $26 million SEC judgment; prevailing in an arbitration to reform a deed on behalf of billion dollar funeral home company; representing a board of director in the dismissal of a $500 million fraudulent transfer lawsuit in Owens Corning’s bankruptcy; successfully prosecuting a $50 million avoidance action by a creditors’ committee of a national seed company; and leading multiple reversals on appeals to federal district and circuit courts.

Certification:

  • Arbitrator for the American Arbitration Association

Community Involvement:

  • The Wilkinson Center, President, Vice President and Board Member (2013-Present)
  • Greater Irving/Las Colinas Chamber of Commerce, Membership Committee (2014-Present)
  • The Warren Center, Vice President and Board Member (2005-2012)
  • Children’s Chorus of Greater Dallas, Board Member (2005-2010)

Presentations & Teaching Experience:

  •  Speaker, Avoiding Corporate Successor Liability in Asset Sales, Strafford Publication Continuing Education Webinar, November 19, 2015
  •  Speaker, Oil & Gas E&P Restructurings and Bankruptcies, Strafford Publication Continuing Education Webinar, December 9, 2015
  •  Speaker, Common Tax Issues Arising in Chapter 11 Bankruptcies, Dallas CPA Society (February 2011)
  •  Speaker, Tax Implications of Bankruptcy, Houston CPA Society Annual Meeting (January 2011)
  •  Speaker, Strategic Use of Involuntary Bankruptcies, J. Westbrook Annual Business Bankruptcy Conference (November 12-13, 2009)
  •  Speaker, Litigation Strategies Using Bankruptcy, In-House CLE, Hermes Sargent Bates, LLP (January 2008)

Publications:

  • Author, Probate Judgment Precludes Anna Nicole’s Claim, Dallas Barr Association’s Headnotes (June 30, 2010)
  • Author, Cramdown of Secured Creditor Under Chapter 11 Requires Market Rate of Interest, ABF Journal, Vo. 4, No. 6, at 52 (July/August 2006)
  • Author, Third Circuit Says “No” to Double-Discounting, American Bankruptcy Institute Journal, Vol. XXV, No. 6, at 26 (July 2006)
  • Author, Bankruptcy Jurisdiction Upheld in a State Probate Matter, Dallas Bar Journal’s Headnotes (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, Restrictions on Assumption and Assignment of Contracts and Leases Pursuant to 11 U.S.C. s. 365(c)(1), ABI Winter Leadership Conference (December 1999)
  • Author, Effect of Revised Article 9 on Consumer Transactions, Journal of Bankruptcy Law & Practice, 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)