Bankruptcy

Litigation Engagements

• On behalf of plaintiffs – a group of OBGYN physicians - who invested in a limited partnership that constructed and owned a medical office building in which their practice leased space that eventually filed for Chapter 7 bankruptcy who objected to the claims of the general partner regarding the division of the sales proceeds received for the building – in federal bankruptcy court in Texas.

• On behalf of debtor-in-possession – a limited partnership that owned a valuable home in Jackson Hole, Wyoming – in a dispute with the builder/remodeler over costs incurred with regard to the construction and remodeling of the property – in federal bankruptcy court in Texas.

• On behalf of defendant — a Baton Rouge, LA hospital – an adversary proceeding that concerned whether or not the hospital would be insolvent on the date it filed for Chapter 11 bankruptcy protection if it was required to pay the claim for damages asserted by the former operator of its pharmacy department – in federal bankruptcy court in Texas.

• On behalf of defendant – a public company coffeehouse franchisor – that was sued in an adversary proceeding for breach of contract by a bankrupt disgruntled franchisee that alleged lost profits damages because the franchisor failed to exercise its option to renew the lease on one of the franchisee’s coffeehouse locations — in federal bankruptcy court in Texas.

• On behalf of defendant – a bankrupt heavy construction equipment distributor – I assessed whether payments made within 90 days of filing for Chapter 11 bankruptcy protection were preferential transfers as defined in §547 of the Bankruptcy Code in response to allegations made by the bankruptcy trustee — in federal bankruptcy court in Texas.


After a liability-only trial in which Westheimer was not involved and defendent was held liable on one of 14 counts, Westheimer testified in a damages-only trial in federal bankruptcy court — a battle of experts. Opposing expert's damages number was about $900K, Westheimer's about $200K, and the judge settled on about $300K.

"This is the best result I've ever had in a situation where my client was found liable."

—Attorney comment


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