Brown McCarroll Attorneys at Law

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Legal Experience

Kell Mercer is a member of the Bankruptcy and Business Restructuring Section of the Firm. Mr. Mercer’s practice consists of assisting his corporate clients overcome economic obstacles. In this regard, Mr. Mercer focuses upon bankruptcy and commercial litigation matters. He has represented debtors, creditors’ committees, trustees, and secured and unsecured creditors in commercial bankruptcy and reorganization cases. He has litigated objections to claims and exemptions, discharge actions, and has contested, prepared and defended disclosure statements, reorganization plans and motions to sell all or substantially all assets of bankruptcy estates. He also has experience in maintaining and defending preference and fraudulent transfer litigation. In addition, Mr. Mercer has handled all types of commercial litigation cases involving situations of financial difficulty, including construction litigation, litigation within the telecommunications industry, property owners’ association claims, bond and lien claims, collection actions, fraud, breach of contract, business tort litigation and white collar crime.

Mr. Mercer’s experience includes:

Debtor Representation:

Mr. Mercer has represented corporations in workouts and chapters 7, 9 and 11 of the Bankruptcy Code across a wide range of industries, including manufacturing, finance, health care, high-tech, telecommunications, energy, real estate, restaurant and construction. 

Committee Representation:

Mr. Mercer has represented creditors’ committees  organized under in chapter 11 of the Bankruptcy Code across a wide range of industries, including manufacturing and telecommunications.

Secured Lender Representation:

Mr. Mercer has represented a number of secured lenders in workouts and chapters 7 and 11 of the Bankruptcy Code, including litigating and negotiating debtor-in-possession financing and cash collateral use, and adequate protection issues. Mr. Mercer is experienced in collateral valuation and the panoply of issues involved in lender liability and fraudulent conveyance litigation.

Executory Contract Issues:

Mr. Mercer has significant experience in litigation involving executory contract issues, particularly concerning telecommunications, technology agreements, commodity trading, intellectual property, real estate, construction and other industries.

Administrative/Regulatory Law:

In representing clients faced with economic hurdles, Mr. Mercer has developed experience concerning the interrelated boundaries of administrative, state and federal jurisdictions, and has successfully litigated issues before the Public Utility Commission of Texas, Railroad Commission of Texas, Texas Consumer Credit Commission, Texas Board of Professional Engineers, and other regulatory agencies.

Education

• Doctor of Jurisprudence, cum laude, Creighton University School of Law, 1998
• Bachelor of Arts, Political Science, Louisiana State University, 1994

Professional Licenses

• Attorney at Law, Texas, 1998

Court Admissions

• United States Supreme Court
• United States District Court for the Southern District of Texas
• United States District Court for the Northern District of Texas
• United States District Court for the Western District of Texas
• United States District Court for the Eastern District of Texas
• United States Court of Appeals for the Fifth Circuit

Prior Professional Experience

• Sheinfeld, Maley & Kay, P.C., Associate, 1998-2001

Speeches and Publications

• Chapter 11 Cases for Individuals, 6th Annual Consumer Bankruptcy Practice Conference, The University of Texas School of Law, August 2010, Panelist
• Primary Jurisdiction in Texas, Advanced Administrative Law Course, State Bar of Texas Professional Development Program, 1999, with Thomas K. Anson
• Consumer Shrink-Wrap Licenses and Public Domain Materials; Copyright Preemption and Uniform Commercial Code Validity in ProCd v. Zeidenberg, 30 Creighton Law Review 1287, 1997

Professional Memberships and Activities

• Bar Association for the Fifth Federal Circuit
• American Bankruptcy Institute
• Austin Bar Association
• State Bar of Texas

Honors

• Texas Rising Star, Bankruptcy and Workout Law, named by Law and Politics Media, Inc. and published in Texas Monthly, 2004, 2005, 2006, 2007, 2008 and 2009