Katharine B. Clark 2019-03-11T15:28:10+00:00

214.880.7438

KATHARINE BATTAIA CLARK

Partner

Katie Battaia Clark is a business litigator who represents clients before bankruptcy courts, federal and state trial courts, arbitration panels, and appellate courts. Her national practice encompasses bankruptcy and insolvency litigation, including representation of banks, court-appointed fiduciaries, and creditors in Chapter 11, 7, 15, and 13 bankruptcies.  Katie has particular experience at the intersections of real estate and energy with bankruptcy, as well in investigating and prosecuting actions related to fraud leading to bankruptcy, including fraudulent transfer litigation.

Professional Background

Ms. Clark received the Turnaround of the Year award from The Turnaround Management Association in 2017 for her work on behalf of Life Partners Holdings, Inc.  She has also been a “Rising Star” from 2014-2018 in the areas of Bankruptcy and Business Litigation according to Texas Super Lawyers, a publication of Thomson Reuters.  Before joining Hedrick Kring, Ms. Clark was a partner with Dallas-based Thompson Knight LLP, where she represented clients in various complex bankruptcy and litigation matters. Ms. Clark is a member of the State Bar of Texas, the Dallas Bar Association, the Bar Association of the Fifth Circuit and Attorneys Serving the Community.

Educational Background

Ms. Clark received her Juris Doctor in 2004, cum laude from Southern Methodist University, Dedman School of Law. While in law school, Ms. Clark served as the Associate Managing Editor of the SMU Law Review and earned the distinction of Order of the Coif. In 2001, Ms. Clark graduated magna cum laude with a Bachelor’s Degree in Sociology from Austin College.

Representative Experience

Bankruptcy and Creditors’ Rights

  • Served as counsel to H. Thomas Moran, III, the court-appointed fiduciary for Life Partners, which was a life settlement company with greater than $1.4 billion in liabilities. Life Partners received the 2017 Turnaround Atlas award for “Chapter 11 Restructuring of the Year” in the U.S. and the 2017 Turnaround Management Association Turnaround and Transaction of the Year Award for “Turnaround of the Year: Large Company”
  • Represented Cano Petroleum Inc. and its affiliates, a public company upstream debtor, which obtained confirmation of a pre-negotiated Chapter 11 plan in four months
  • Represented operators and other property owners in the defense of their rights in recharacterization fights in Texas and Delaware bankruptcy courts
  • Represented debtor Vitro, S.A.B. de C.V., a Mexican glass manufacturer, in a crossborder (Chapter 15) restructuring of greater than $2 billion in liabilities
  • Represented financial institution as lead creditor in In re Hill Country Galleria, L.P., which case resulted in a successful reorganization of a major development in the Austin, Texas area
  • Represented numerous tenant-in-common (TIC) clients in In re DBSI Inc. in the U.S. Bankruptcy Court, District of Delaware, Wilmington Division

State and Federal Litigation

  • Represented court-appointed receivers in civil securities fraud actions
  • Represented client in appeal of an award of fraud and damages for fraud resulting in a reversal of the award
  • Represented life insurance company in claim for breach of contract and breach of alleged fiduciary duties

Activities

  • Board Member and Previous Chair, International Women’s Insolvency and Restructuring Confederation (IWIRC), DFW Network
  • Board Member, International Student Foundation
  • Board Member, Junior Players
  • Member, State Bar of Texas
  • Member, American Bar Association
  • Member, Dallas Bar Association WE Lead Class of 2018
  • Member, Bar Association of the Fifth Circuit
  • Member, Attorneys Serving the Community
  • Past Board President, Kappa Gamma Chi Alumnae Network

Publications and Presentations

  • “Tips in Navigating the Retail Tenant Apocalypse,” Dallas Bar Headnotes, June 2018
  • “Class Warfare—Class Litigation Proceedings and Structures in Bankruptcy,” 35th Annual Jay L. Westbrook Bankruptcy Conference, Four Seasons Hotel, Austin, Texas, November 18, 2016
  • “Recharacterization Risk in Modern Finance,” Financier Worldwide, August 2014
  • “An Overview of Bankruptcy,” Federal Court Practice Seminar, May 16, 2014
  • “Introduction to Chapter 15 of the Bankruptcy Code,” Dallas Bar Headnotes, July 2012
  • “§ 362(d)(3): Codification of Extend and Pretend?,” Bloomberg Law Reports-Bankruptcy, Vol. 5, No. 20, May 16, 2011
  • “Managing and Mitigating Bankruptcy Risk in the Oil and Gas World,” Co-Author, LSU Institute on Mineral Law, Volume 57, March 2010
  • “Eleventh Circuit Dismisses Class Action Based on McCarran-Ferguson Act in Gilchrist v. State Farm Mutual Automobile Insurance Co.,” The Insurance Policy, American Bar Association, Winter 2004
  • “‘Willful and Malicious’ Injury Exception to Discharge of Debt,” 56 SMU Law Review 1045, 2003