H. GRAY BURKS IV
Managing Senior Litigation Attorney
Shapiro Schwartz, LLP
13104 Northwest Freeway, Suite 100
EDUCATION, CERTIFICATIONS AND MEMBERSHIPS:
Degrees - Tulane University (B.A.) 1981; University of Houston Law Center (J.D.) 1984.
Admitted - Texas State Bar (1985); U.S. Supreme Court; U.S. Court of Appeals for the Fifth Circuit; U.S. District Courts and Bankruptcy Courts - Southern, Northern, Eastern and Western Districts of Texas.
Board Certifications - Texas Board of Legal Specialization in Business Bankruptcy Law and Consumer Bankruptcy Law (continuously since 1990); American Board of Certification in Business Bankruptcy Law and Consumer Bankruptcy Law (continuously since 1992).
Board of Directors – American Board of Certification (Faculty Committee) (2nd term)
Texas Monthly Super Lawyer 2008, 2011, 2012, 2013, 2014, 2015 & 2016
Memberships - Texas State Bar; Fifth Circuit Bar Association; American Inns of Court (Texas); Christian Legal Society.
ShapiroSchwartz, LLP (September, 2009 – present):
Managing Sr. Litigation Attorney – Bankruptcy contested matters and adversary proceedings; Mortgage Company Defense Litigation – State, Federal District and Bankruptcy courts, and pre-litigation dispute resolution.
Law Office of H. Gray Burks IV (May, 2009 to September, 2009):
Bankruptcy litigation, including mortgage company defense
Barrett Daffin Frappier Turner & Engel, LLP (August, 2007 to May, 2009):
Sr. Bankruptcy Litigation Attorney – Adversary & complex mortgage litigation, including Chapter 11, 13 and 7 enforcement of disputed loan accounts, loan modifications, pre-litigation and litigation defense for prime, sub-prime, Texas home equity & construction loans on Bankruptcy, Fair Debt Collection, Fair Credit Reporting, Texas Finance Code & Texas Deceptive Practices issues.
Baker & Associates (January, 2007 to August, 2007):
Practiced all aspects of bankruptcy law, concentrating on debtor representation & litigation.
Law Office of H. Gray Burks IV (1989 to December, 2006) - Bankruptcy practice:
Contract Attorney for the Office of the Chapter 13 Trustee Daniel E. O’Connell (1991 to May 2006). Concentrated on special projects, and complex and large system abuse/civil enforcement cases involving debtors, debtors’ attorneys and petition preparers. The last six years, additionally handled all the contested matters and adversary proceedings for this Trusteeship.
Chapter 11, Chapter 13, Chapter 7 & Trustee Practice. Chapter 11 representation of small lien creditors and preference defendants, individual business debtors and small company debtors; Chapter 13 representation of non-institutional lien creditors, individual business debtors, consumer debtors, Chapters 7 representation of debtors; Served as a Trustee and attorney for the estate in Chapter 11.
Bankruptcy Appellate Practice. Briefed more than 20 bankruptcy appeals to District Court; Briefed more than 15 cases to Fifth Circuit; Argued at least 8 cases to Fifth Circuit panels.
Law Office of Robert C. Stokes (1988-1989): Represented consumer individual debtors, business individual debtors & corporate debtors.
Sullins, Johnston, Rohrbach & Magers (1984-1988): Represented consumer individual debtors, business individual debtors, corporate debtors, creditors committees, Chapter 11 Trustees, and Chapter 7 Trustee.
The Honorable Phil A. Peden, U.S. Bankruptcy Judge, S.D. Tex (Fall 1983): Judicial Student Internship.
Professor Elizabeth Warren (1983): Bankruptcy research project - Counter Purdue Study.
Lackshin & Nathan (Ron Sommers) (Summer 1983).
Sheinfeld Maley & Kay (Spring 1983); Hutchinson & Grundy (Spring 1982).
Since 1985, spoken and prepared materials at approximately 35 local, state, and national bankruptcy seminars, including the National Association of Chapter 13 Trustees Annual Seminar; State Bar of Texas Advanced Consumer Bankruptcy Law Seminar; State Bar of Texas Annual Convention - Bankruptcy Section; the Houston Bankruptcy Conference and Houston Association of Debtor’s Attorneys; Newton Consumer Bankruptcy Seminar; and Half Moon CLE Bankruptcy Seminar. Most recent presentations have been at the 2014 Advanced Consumer Bankruptcy seminar and the 2015 Texas Mortgage Bankers Association seminar.
Served and participated on several local rules and planning committees. 3
Published in national bankruptcy publications on various bankruptcy issues, with some being cited in reported opinions, and one being cited in a Congressional Hearing on the 2005 Bankruptcy Reform Act.
1. "Applying the [Un]Plain Language of the Limited, De-Automated Stay in Serial Cases," NORTON BANKRUPTCY LAW ADVISOR (September 2006); Westlaw Cite 2006 No. 9 Norton Bankr. L. Adviser 2;
2."Ineligible Debtors Under BAPCA: Striking the Petition Versus Dismissing the Case," NORTON BANKRUPTCY LAW ADVISOR (August 2006);Westlaw Cite 2006 No. 8 Norton Bankr. L. Adviser 2;
3. "Rethinking the Eradication of Cram Down - Changing ‘Cram Down’ to ‘Cram Up’," NORTON BANKRUPTCY LAW ADVISOR (December 1998);
4. "In re Taylor; A Misstep in the Right Direction for the Effect of Plan Confirmation," NORTON BANKRUPTCY LAW ADVISOR (April 1998), reprinted in NACTT QUARTERLY (April 1998);
5. "Treatment of Student Loans in Chapter 13 Plans: The Effect of Nolan and Section 1322(b)(5)," NORTON BANKRUPTCY LAW ADVISOR (May 1997);
6. "Obtaining the Release of Liens Through Reorganizations: The Circuit Courts Sharpen the Debate with Penrod and Cen-Pen," NORTON BANKRUPTCY LAW ADVISOR (September 1995);
7. "Direct Payments of Impaired Claims in Chapter 13: A Statutory Analysis," NACTT QUARTERLY (July 1995);
8. "The Impact of the 1994 Bankruptcy Amendments on Chapter 13 Lien Stripping - Just Dew It!" NORTON BANKRUPTCY LAW ADVISOR (February 1995);
9. "The Scope, Standard and Solutions to Chapter 13 Trustees' Duties and Liabilities," NACTT QUARTERLY (July 1993);
10. "Drafting Chapter 13 Plans With a Binding Effect: The Interaction Between the Proof of Claim and Confirmation Processes," NORTON BANKRUPTCY LAW ADVISOR (February 1993);
11. "Does a Confirmed Chapter 13 Plan Have a Binding Effect on Claims or Liens? The Fifth Circuit's In re Howard Opinion," NORTON BANKRUPTCY LAW ADVISOR (December 1992);
12. "Enforcement of Prepetition Contingent Attorney Fee Contracts in Bankruptcy -- Bankruptcy Court Jurisdiction, Attorney's Rights, Creditor and Estate Protection," NORTON BANKRUPTCY LAW ADVISOR (June 1991);
13. "Application of the Absolute Priority Rule to Exemptible and Abandonable Property -- Is Cramdown Eliminated in Individual Chapter 11's?" NORTON BANKRUPTCY LAW ADVISOR (January 1991);