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Herbert J. Gilles

Senior Counsel
fax +1 214.659.4048

Herbert J. Gilles advises businesses, including those that are small, middle market, and larger publicly traded, concerning bankruptcy law, creditor’s rights, commercial collections, and commercial business litigation. He also litigates property and casualty claims for the trucking and transportation industry.

Herb has for 42 years focused his law practice on counseling businesses in the midst of challenging times. He has substantial experience in federal courts concerning Chapter 7, Chapter 11, and Chapter 13 proceedings, handles a wide variety of commercial collections and creditors rights-related matters, and has appeared on a number of matters to prosecute and defend various Chapter 5 avoidance- and dischargeability-related actions in adversary proceeding litigation in venues across Texas and the United States.

Herb actively manages a docket of complex general liability related matters for national clients in multiple jurisdictions and states – in particular, trucking and transportation defense.

Herb regularly advises on a varied group of clients, including:

  • Publicly-traded Fortune 500 entities
  • Privately-held companies
  • National and state-chartered banks
  • A national container manufacturer;
  • A Texas-based NYSE business development company providing customized debt and equity financing solutions
  • A noise control, erosion and sediment control, and compliance management company
  • A national restaurant franchisee;
  • Healthcare revenue cycle management entity
  • A leading national provider of residential door and window hardware to fenestration industry
  • Financial institutions
  • A national payment credit card processing company
  • A national trucking company
  • A global UK basked provider of high-tech services, including installation of telepresence and video conferencing systems, AV design, and digital media signage
  • An IT-based solutions and services provider for healthcare.

Education

J.D., cum laude, Michigan State University College of Law, East Lansing, Michigan, 1981
B.A., cum laude, Michigan State University, East Lansing, Michigan, 1977

Recognitions

AV Peer Review Rating, Martindale Hubbell

Memberships

Dallas Bar Association, Transportation Lawyers Association, American Bankruptcy Institute

State Bar Licenses

Texas, Michigan

Experience

Retail

  • Manage a litigation docket and contracts/transactions for a Texas-based national online pet supply retailer.
  • Managed a national docket for a Dallas, Texas – based large door and window manufacturer/retailer concerning its property and casualty trucking claims, product liability, warranty and construction defect claims, and commercial collections and bankruptcy matters.
  • Managed a national eviction and premises liability docket for a large Irving, Texas-based hotel/motel chain.
  • Managed Texas general liability docket for a Gulf Coast based sporting goods retailer.
  • Handled creditors rights related litigation and bankruptcy matters for two national casino hotels.
  • Managed a national labor and employment docket for a large national credit card processing and clearinghouse company.
  • Managed a docket for a regional restaurant chain concerning premises liability, real estate and corporate matters.
  • Manage docket for a national waste services company.

Business Reorganization & Bankruptcy

  • Settled a $700,000 litigation claim for breach of lease for a fraction of claimed amount.
  • Successfully obtained outright dismissal for client of clawback suit by liquidating trustee in New York bankruptcy adversary proceeding that involved over 2,000 claimants.
  • Successfully handled a number of Chapter 5 voidable transfer actions brought in bankruptcy courts in Texas, including fraudulent transfer and preference litigation, as well as various contested matters in bankruptcy court for companies.
  • Managed large collection matters for banks, governmental taxing authorities, and private equity firms.
  • Represented panel trustees in Chapter 7 proceedings in the Northern and Eastern Districts of Texas, involving small businesses and individuals.
  • Defended a large national residential real estate company and its agents/ brokers against various E&O related claims in state courts in Texas.

The Clark Hill approach is equally pragmatic and growth-minded, which is why we understand our clients’ toughest business challenges. Our multidisciplinary, global team of advisors focuses on smart legal solutions, delivered simply.

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