Jason S. Brookner

Partner

Jason's practice concentrates on transactional, restructuring and litigation matters, both in and out of court.  Jason has broad experience representing debtors, trustees, committees, individual creditors and sellers/purchasers of assets.

Representative Experience

Publications

• "Pacific Lumber and Philadelphia Newspapers: The Eradication of a Carefully Constructed Statutory Regime Through Misinterpretation of Section 1129(b)(2)(A) of the Bankruptcy Code" The American Bankruptcy Law Journal, Vol. 85 (2011)
• Payments by Enron are "Settlement Payments" under the Bankruptcy Code's Safe Harbor Provisions (July 18, 2011)
• District Court Overturns the TOUSA Fraudulent Transfer Ruling The Banking Law Journal (March 2, 2011)
• "Fraudulent Conveyances: Bankruptcy Court for the Southern District of New York Adopts Third Circuit’s 'Public Markets' Test" ABI Commercial Fraud Task Force Committee Newsletter (January 1, 2008)
• The Rejectability of Arbitration Clauses: Part II American Bankruptcy Institute Journal (June 1, 2007)
• The Rejectability of Arbitration Clauses American Bankruptcy Institute Journal (April 1, 2007)
• "Law Limits Executive Compensation" Executive Legal Adviser (May 30, 2006)
• "The FCC as Creditor: Attempts to Legislate Out of the Bankruptcy Court" PricewaterhouseCoopers Business Recovery Symposium (February 1999)
• "Equipment Leasing Issues in Bankruptcy" New York Law Journal (May 21, 1998)
• "Environmental Claims in Bankruptcy: An Overview" 112 Banking Law Journal 124 (February 1995)
• "Primer on Debtor Direct Payments in Chapter 12 Cases" American Bankruptcy Institute Law Journal 26 (November 1986)

Events

Speaker

• "Indubitable or Not: 363 Sales, Credit Bidding and a Split in the Circuits (Clash of the Titans)," 29th Annual National CLE Conference, Law Education Institute, Vail, Colorado (January 2012)
  
• "506(c) Surcharges of the Secured Creditor—A Way to Get Counsel Paid," 28th Annual National CLE Conference, Law Education Institute, Vail, Colorado (January 2011)
• "Equitable Subordination, Recharacterization, Rule 2019 and Other Claims Issues," 25th Annual Bankruptcy Seminar, Oklahoma Bar Association, Oklahoma City, Oklahoma (December 2010)
• "Revlon Duties and Empty Voting: Opportunites, Danger or Both?" 27th Annual National CLE Conference, Law Education Institute, Vail, Colorado (January 2010) 
• "Companies in Financial Distress: Minimizing Risks and Maximizing Opportunities," Association of Corporate Counsel Spring Symposium (May 21, 2009)
• "Subordination, Recharacterization and Other Claims Issues," 26th Annual National CLE Conference, Law Education Institute, Vail, Colorado (January 2009)
• "Lessons Learned from Recent M&A Transactions," 5th Annual Association of Corporate Counsel Golf/Spa Event, Las Colinas, Texas (September 2008)
• "Section 365 Assumption and Rejection Issues: Selective Rejection," 25th Annual National CLE Conference, Law Education Institute, Vail, Colorado (January 2008)
• "Developing and Pleading Effective Causes of Action in Bankruptcy Cases," sponsored by The University of Texas School of Law (January 2005)
• "Bankruptcy: A Creditor's Perspective in Texas" (October 2, 2001)

Panelist

• "Getting What You Bargained For: Hot Issues Impacting the Chapter 11 Confirmation Process," 29th Annual National CLE Conference, Law Education Institute, Vail, Colorado (January 2012)
• "Individual Chapter 11—Absolute Priority Rule, Net Disposable Income and Other Issues," 28th Annual National CLE Conference, Law Education Institute, Vail, Colorado (January 2011)
• “Have You Heard the One about the Equity Dividend in a Chapter 11 that Was More than Chicken Feed?” ABI 28th Annual Spring Meeting (May 1, 2010)
• Moderator: "On a Collision Course: Ponzi Schemes, Bankruptcy, Receiverships and Forfeitures," ABI Winter Leadership Conference (December 5, 2009)
• "Dealing with Businesses in Distress: Minimizing Risks and Maximizing Opportunities" (June 2, 2009)
• "When Debt is Not Debt: The Creditor's Perspective," Turn Around Management Association Timely Topics in Restructuring, Dallas, Texas (September 2008)

Professional Recognition

• Honored as one of Dallas Furniture Bank's "40 Under 40" for his leadership and civic efforts (August 10, 2010)
• Profiled as one of the leading Bankruptcy/Restructuring lawyers in Texas, Chambers USA: America’s Leading Lawyers for Business (2005-2011)
• Texas Super Lawyer, Texas Monthly (2004, 2008, 2009, 2010, 2011)
• Named one of "Best Business Lawyers in Dallas" in Bankruptcy, D Magazine (2009)

• Austin
• Beijing
• Dallas
• Houston
• London
• New York
• Research Triangle Park
• The Woodlands
• Washington, DC