Patty Tomasco is a partner in Quinn Emanuel’s Houston and New York Offices. With more than 35 years of experience in solving corporate insolvency problems, Patty represents debtors and creditors in some of the largest bankruptcy cases filed in the United States and in cross-border insolvency matters. Patty frequently represents clients in the energy, telecommunications and high tech industries in both reorganizations and litigation.
Current and recent representations include lead counsel to Rhodium Encore LLC in chapter 11 proceedings; lead counsel to Bittrex, Inc. in chapter 11 proceedings; lead counsel Southrock Capital Ltda in chapter 15 proceedings; Moby S.p.A in chapter 15 proceedings and litigation, Ad Hoc Tort Claimants Committee in Alto Maipo SpA; counsel to plaintiffs in Northlight European Fundamental Credit Fund v. Intralot Capital Luxembourg, S.A., Certain Shareholders in Grupo Aeromexico, S.A. de C.V., Cinemex USA Holdings, Inc, Kingfisher Midstream, LLC in the chapter 11 cases of Alta Mesa Resources, Inc.; Ad Hoc Committee of Unsecured Bondholders in Sanchez Energy, Inc., Official Unsecured Creditors Committee of Halcon Resources, Inc.; Official Committee of Unsecured Creditors in EXCO Resources, Inc.; counsel to the Ad Hoc Committee of First Lien Lenders in Vanguard Natural Resources, Inc.; and Debtors’ counsel in SH-130 Concession Company, LLC., Westmoreland Coal Company, iHeartMedia, Inc., Linn Energy LLC, Berry Petroleum, Midstates Petroleum Company, Inc., El Paso Children’s Hospital, AF Global and Ameriforge Group, Inc., Light Tower Rentals, and equity sponsor in Francis’ Drilling Fluids, Inc..
Patty recently completed a three year term as chair of the Complex Case Committee for the Southern District of Texas, a function created by Judges Jones and Isgur to review and improve complex case procedures and to provide a liaison between complex case practitioners and the courts. Patty has been listed in Best Lawyers of America, 2019 to present; Super Lawyer by Thomson Reuters 2005 to present; LawDragon for multiple years; Legal500 for multiple years. Patty was selected as Best Business Bankruptcy Lawyer by the Austin Business Journal. Patty graduated from Rice University in 1985 and received her J.D. from South Texas College of Law Houston in 1988.
- Bittrex, Inc.—represented multiple debtors in cryptocurrency exchange chapter 11. Bittrex was the second largest cryptocurrency exchange in the world. As part of a groundbreaking chapter 11 case, Bittrex obtained approval of the first ever DIP loan funded and payable in Bitcoin, confirmed a plan paying customers in full and in kind in under 6 months. Bittrex had over a million potential creditors and over $500 million in scheduled claims.
- Cinemex USA, Inc.—represented multiple debtors in first theater chain chapter 11 during COVID pandemic. Cinemex restructured leases across 41 locations and effected insider acquisition in chapter 11 plan in less than 7 months. Cinemex litigated and defeated COVID-related force majeure claims by jilted seller defeating $80 plus million claim for breach of pre-COVID APA.
- EXCO Resources, Inc. -- Representing the Official Committee of Unsecured Creditors of EXCO Resources, Inc. in its Chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of Texas. EXCO Resources, Inc. is an oil and natural gas exploration, exploitation, acquisition, development and production company headquartered in Dallas, Texas with principal operations in Texas, North Louisiana and the Appalachia region. EXCO listed approximately $1.4 billion of funded debt obligations at the time of filing.
- Westmoreland Coal Company — Represented Westmoreland Coal Company and certain of its affiliates (collectively, “Westmoreland”) in their Chapter 11 proceedings before the U.S. Bankruptcy Court for the Southern District of Texas that resulted in restructuring approximately $1.4 billion of funded debt and the sale of its mining operations.
- iHeartMedia, Inc. – Represented iHeartMedia, Inc. and certain subsidiaries, one of the world’s leading global multi-platform media, entertainment, and data companies, in their Chapter 11 restructuring resolving consolidated debts of over $20 billion and achieving a comprehensive balance sheet restructuring that reduced iHeartMedia’s debt by more than $10 billion.
- Linn Energy LLC – Represented LINN Energy, LLC and its affiliates in its Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. LINN is a leading independent oil and natural gas exploration and production company with operations in 12 states and eight discrete U.S. regions.
- AF Global and Ameriforge Group, Inc. – Represented AF Global in the successful prosecution of a “straddle” prepackaged reorganization which confirmed the comprehensive restructuring 19 days after petition date.
- Light Tower Rentals, Inc. – Represented oil field services company, Light Tower Rentals, in the successful prosecution of a “straddle” prepackaged reorganization which confirmed the plan 30 days after petition date.
- Midstates Petroleum Company, Inc. – Represented Midstates in its pre-arranged chapter 11 restructuring. Midstates filed for chapter 11 with a support agreement with a supermajority of lenders in all three of its secured debt tranches regarding a transaction that equitized more than 90% of the Company’s $2 billion in funded debt when the plan went effective in October 2016.
- El Paso Children’s Hospital – Represented EPCH, a nonprofit hospital, in an highly contested and litigious chapter 11 reorganization. Following extensive and expedited litigation, filed, and confirmed a 100-cent plan of reorganization in less than seven months.
- UPH Holdings and Pac-West Telecomm, Inc. -- Represented multiple telecommunication Debtors in a jointly administered Chapter 11 proceeding. Organized the sale of all of the Debtors’ assets. Following the closing of the sale of assets, directly managed the liquidating trust successfully litigating and resolving multiple adversary proceedings relating to inter-carrier compensation and ad valorem taxes.
- Introgen Therapeutics, Inc. – Represented multiple biopharmaceutical Debtors in a jointly administered Chapter 11 proceeding. Organized the sale of all of the Debtors’ assets. Following the closing of the sale of assets, directly managed the liquidating trust initiating multiple adversary proceedings relating to intellectual property monetization, royalty monitoring, and related IP transactions.
- Represent toll road concessionaire, SH-130, in chapter 11 cases to restructure $1 billion in debt.
- Significant representations in major restructuring cases including In re Dow Corning (debtor), In re Cajun Electric (purchaser), In re Damson Oil (debtor), In re Food Barn Stores (debtor), and In re El Paso Electric (purchaser).
- South Texas College of Law Houston
(J.D., 1988) - Rice University
(B.A., 1985)
- The State Bar of Texas
- The State Bar of New York
- United States Supreme Court
- United States Court of Appeals:
- Federal Circuit
- Fifth Circuit
- Sixth Circuit
- District of Columbia
- United States District Courts:
- District of Arizona
- District of Columbia
- Eastern District of Michigan
- Southern District of New York
- Northern District of Texas
- Southern District of Texas
- Eastern District of Texas
- Western District of Texas
- Jackson Walker LLP:
- Partner, Corporate Restructuring, 2010-2018
- Partner, Corporate Restructuring, 2010-2018
- Brown McCarroll:
- Partner, 2001-2009
- Partner, 2001-2009
- Sheinfeld, Maley & Kay:
- Shareholder, 1988-2001
- Listed in The Best Lawyers in America (2023 Edition): for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation – Bankruptcy, 2023-2025
- Member of the Team Awarded "Mid-Size Company Turnaround/Transaction Team of the Year" in TMA Turnaround and Transaction of the Year Awards, 2024
- Ranked by Legal 500 USA, Finance: Restructuring (including bankruptcy), “Recommended Lawyers”, 2023 and 2024
- Ranked by Lawdragon 500, Energy Litigation and Insolvency, 2024
- Ranked by Lawdragon 500 Leading US Bankruptcy and Restructuring for Bankruptcy & Insolvency, esp. Litigation & Cross-Border, 2023-2024
- Lawdragon 500 Leading U.S. Energy Lawyers, 2023
- Member of the Team Awarded “Litigator of the Week” by The American Lawyer, for 3M Victory, 2022
- Recognized as a "Key Lawyer" for International Litigation, Legal 500, 2022
- Recognized by Best Lawyers in America, “Women in the Law" (2022)
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bankruptcy Litigation, Best Lawyers in America Edition: 2021 - 2024
- LawDragon Bankruptcy 500 (global) Inaugural list.
- Super Lawyer, Super Lawyers (Thomson Reuters), 2005-2022
- Best Bankruptcy Attorney, Austin Business Journal, 2005
Publications
- “The Impaired Insider Paradox and the § 1191(b) Solution,” American Bankruptcy Institute Journal (July 2024).
- ‘Heads I Win, Tails You Lose: Asymmetric Discovery in Chapter 15,” American Bankruptcy Institute Journal (Sept. 2019).
- “Considerations and Consequences of a Bankruptcy Filing in the Oil and Gas Industry,” Jackson Walker Energy e-Alert (May 2015).
- “Intellectual Property Licensing Agreement Under the Bankruptcy Code: Bankruptcy Basics,” American Bar Association’s 30th Intellectual Property Law Conference (March 2015).
- “Sections of the Code You Don’t Know But Probably Should,” “Esoterica of the Bankruptcy Code: Fun with Sections 108, 505, 525, 726, and More,” Jay L. Westbrook Bankruptcy Conference (2014).
- “To Caesar, Only What Is Due – An Opportunity under § 505(a)(2)(C) for Ad Valorem Taxes?,” American Bankruptcy Institute Journal (September 2014).
- “When States Are Creditors: Why § 525 Matters and Should Be Expanded,” American Bankruptcy Institute Journal (March 2014).
- “‘Let My People Go…to Delaware’ – Paupers, Vagabonds and Fugitives from Justice Excepted,” American Bankruptcy Institute Journal (March 2013).
- “Debt as an Asset Acquisition Tool and Defenses to Loan-to-Own Strategies,” Jay L. Westbrook Bankruptcy Conference (2012).
- “Mass Preference Actions: Pros, Cons and Strategies (with Francis Carter),” Jay L. Westbrook Bankruptcy Conference (2011).
- “Staying In: Disinterested/Contingency Fees (with Frank R. Monroe),” Jay L. Westbrook Bankruptcy Conference (2010).
- “Telecom Bankruptcies: Swimming Against a Tidal Wave,” 20th Annual Advanced Business Bankruptcy Course (May 2002).
- “How Many Angels Can Dance in the Zone of Insolvency?,” Western District of Texas Bench Bar Conference (2002).
- Assistant to Contributing Author Myron M. Sheinfeld, “Collier on Bankruptcy, Chapter 8: Tax,” 15th ed. rev. 1990.
- Assistant to Contributing Author Frank R. Monroe, “Collier’s Bankruptcy Practice Guide, Chapter 89: Financing the Operation of a Debtor’s Business,” rev. 1990.
- Co-Author with Myron M. Sheinfeld, “Taxation of Liquidating Trusts,” 7th Annual University of Texas Bankruptcy Conference (1988).
Speeches
- “Recent Developments in Distressed Debt, Restructurings and Workouts” Practicing Law Institute (Jan. 2021)
- “Make Your Assets Count! Vote for a Great Expert and Get Them Qualified with the Court.” Rocky Mountain Bankruptcy Conference (Jan. 2020)
- “Valuation Meets the Amazing Kreskin: Valuing Contingent Assets and Liabilities" VALCON 2020: How to Flex When in Flux (Feb. 2020)
- “The Midstream Contract World Defined in Four Parts” 38th Annual Jay L. Westbrook Bankruptcy Conference (Nov. 2020)
- Judicial Panel Moderator. VALCON 2019: Cutting-Edge Valuation Solutions (Feb. 2019)
- “Ethics in Negotiation – Making Offers They Can’t Refuse Without Being Don Corleone” 38th Annual Jay L. Westbrook Bankruptcy Conference (Nov. 2019)
- “Rapid Fire: Strategies for a Quick Reorganization,” American Bankruptcy Institute Winter Leadership Conference (December 2016).
- “Where Have All of the Equities Gone: A Three Part Examination of the Role of Equity in Modern Bankruptcy Courts (with Judges Tony Davis and Jeff Bohm),” Jay L. Westbrook Bankruptcy Conference (2016).
- “Creditors and Copyrights: Secured Transactions, Bankruptcy, and Related Issues,” The Copyright Society of the USA (June 2016).
- “Equities in Bankruptcy; Not Gone, Not Forgotten (with Judge Tony Davis and Jeff Bohm),” Western District Bankruptcy Bench Bar (April 2016).
- “Current Issues in Valuing Intellectual Property,” VALCON (March 2016).
- “Intellectual Property Issues in Bankruptcy and the Exclusion of Trademark Licenses from the Definition of Intellectual Property,” University of Texas School of Law – 34th Annual Jay L. Westbrook Bankruptcy Conference (November 2015).
- Chair Person Complex Case Committee for the Southern District of Texas (2018- Present)
- International Women Insolvency and Restructuring Confederation:
- Houston Chapter Board Chair
- Moller-Foltz Inns of Court:
- Master of the Bar
- Turnaround Management Association
- Texas Bar Foundation Fellow
- Austin Bar Foundation Fellow
- American Bankruptcy Institute
- State Bar of Texas – Bankruptcy Law Section
- Houston Bar Association – Bankruptcy Section
- New York Bar Association
- Bar Association of the Fifth Federal Circuit
- Caritas of Austin:
- Volunteer (procure, prepare, and serve meals to nearly 400 homeless people), 2009-Present
- Community Action Board Member (advocacy for nonprofit dedicated to ending homelessness and hunger), 2014-Present
- Austin Lyric Opera Board Member; 2005-2008