Board Certified in Business Bankruptcy Law by the Texas Board of Legal Specialization
A seasoned litigator, Deirdre Carey Brown focuses her practice with Hoover Slovacek on complex commercial litigation, with an emphasis on bankruptcy litigation and mediation. Whether she is advising Fortune 500 companies, banks, trustees, financial service companies, small businesses or individuals, Ms. Brown diligently seeks to understand her clients’ goals, working closely with them to achieve a “win” – however the client defines it.
Ms. Brown has a strong track record of unearthing valuable documents that help her client’s case. Nonetheless, her true strength lies in the combination of her thoroughness and her commitment to winning in an ethical, cost-efficient way.
She consistently serves as lead counsel on matters involving commercial litigation, collections, business-to-business disputes, landlord-tenant disputes, real estate disputes, construction litigation and bankruptcy issues. Her bankruptcy experience spans contested matters in Chapters 7, 11, 12 and 13.
Prior to joining the firm, Ms. Brown clerked for the Hon. Elizabeth A. Pickett, Louisiana Third Circuit Court of Appeals, and practiced as a commercial litigator and Chapter 7 Trustee attorney, representing trustees in hundreds of avoidance and preference actions.
Her advocacy extends beyond her client work. In 2012, the Texas Review of Law and Politics, published by the University of Texas at Austin Law Department. honored her as a “Texas Rising Star” in bankruptcy and creditor/debtor rights. Additionally, the Louisiana Federation of Business and Professional Women recognized her as the “Young Careerist of the Year” (2001). Ms. Brown speaks frequently on bankruptcy law, consumer collection, real estate law, and commercial litigation.
Alongside her active professional life, Ms. Brown has completed over a dozen marathons. She also performs in community theater, where her credits include “The Women”, “Mousetrap”, “Fifteen Minute Hamlet”, “Auntie Mame”, “Southern Hospitality,” and “Steel Magnolias.”
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:
- State Bar of Texas, Member
- Louisiana State Bar Association, Member
- Texas Women Lawyers, Board Member
- Moller/Foltz Inns of Court, Barrister
- American Bankruptcy Institute, Dispute Resolution Committee Member
- Commercial Real Estate Women (CREW), Community Outreach Committee Member
- Unadministered Assets After Close of Bankruptcy
Successfully represented surety, a secured creditor, after the close of a bankruptcy case when undisclosed funds retained by the Debtor’s bank were discovered. District Court granted turnover of the undisclosed funds and recovery of attorney’s fees against the bank, which had notice of the bankruptcy. Case cited by Norton Bankruptcy Law & Practice 3d Edition.
- Bank Negligence
Secured favorable judgment for Chapter 7 Trustee of corporate debtor whose only officer and director allegedly faked his death. After the reported death, Debtor’s bank allowed funds to be removed from the account by the officer’s ex-wife. Bank was found liable for allowing dissipation of corporate Debtor’s bank account. Cited in several treatises, including 10 Am. Jur. 2d Banks and Financial Institutions § 762.
- Termination of AIA Contract
As trial counsel, obtained a favorable judgment from the Bankruptcy Court that Chapter 11 Debtor, a general contractor, properly terminated public contract under AIA form contract provisions and that project owner wrongfully withheld payments due to Debtor. Upheld by United States District Court for the Eastern District of New Orleans and the United States Fifth Circuit Court of Appeals. Case cited to by Brunner & O’Connor Construction Law.
- Director and Officer Liability
Prevailed on motion to dismiss representing a former director and officer of Debtor who was sued by post-confirmation litigation trustee in claim for damages of over $50 million.
- Homestead Exemptions
Successfully negotiated a settlement where Debtor’s officer agreed after her deposition to transfer property claimed to be exempt homestead to the non-profit’s Bankruptcy Estate. Represented potential adoptive parents who paid adoption fees and birth mother expenses.
- Motion to Enforce
Hired by a restaurant owner and enrolled in case after the Court granted opposing party’s motion to enforce an alleged settlement agreement. Discovered new evidence of key facts never disclosed by Plaintiff. Court vacated the judgment against restaurant owner.
- Retail Energy Collections
Handled State Court collection and bankruptcy matters for commercial energy sales agreements including standard collection efforts, obtaining adequate assurance, filing proof of claims.
- Avoidance Litigation
Represented Trustees in hundreds of avoidance and preference actions and also represented defendants in preference litigation. Favorable outcomes included getting cases voluntarily dismissed without taking any further legal action, prevailing at trial for Trustees and/or limiting liability of defendants through settlement.
- Construction Litigation
Represented Texas general contractor in pursuing claims in a payment dispute with the Louisiana Department of Transportation and Development under a public works contract. Negotiated settlement that provided payment to contractor without filing suit and eliminated liquidated damages.
- Texas Homestead Exemption Challenge
Represented Chapter 7 Trustee in several matters challenging the Debtor’s alleged Texas Homestead. Settled most cases on favorable terms. Won a case at trial, with the Court ruling the property was not exempt.
- Construction Contracts
Represented subcontractor in suit to recover payment for change order work on three Engineering, Procurement and Construction (“EPC”) contracts for projects in three states against a large, multi-national general contractor and reached favorable settlement after discovery completed.
PRESENTATIONS & PUBLICATIONS:
- “Proper Objections to Discovery Requests under the Federal Rules”, Southern District of Texas Bankruptcy Bench Bar, 2014 (Author/Speaker)
- “Importance of Retaining Original Signed Documents Filed by ECF”, SCG Legal Bankruptcy Blog, 2013 (Author)
- “Alternatives to Bankruptcy”, State Capital Group Annual Meeting, Washington D.C., 2011 (Author and Speaker)
- “Non-Bankruptcy Alternatives”, State Capital Group Annual Meeting, Washington D.C., 2011 (Speaker)
- “Better Bankruptcy Practice Using No or Low Cost Technology,” 8th Annual Consumer Bankruptcy Practice; University of Texas School of Law, Austin, Texas, August 10, 2012 (Speaker)
- “Student Loan Relief: Is Change on the Horizon?,” State Capital Group Bankruptcy Blog, April 11, 2012 (Author)
- “Nuts and Bolts of Collection Law,” National Business Institute, Austin, Texas, March 2012 (Presenter)
- “Non-Bankruptcy Alternatives,” State Capital Group Annual Meeting, Washington D.C, October 2011 (Speaker)
- “Law and Practice Skills: Preparing Witnesses for a 341 Meeting and Motion to Extend Stay,” 7th Annual University of Texas School of Law Consumer Bankruptcy Practice Seminar, Galveston, TX, August 2011 (Author and Moderator)
- “Social Media Networking: Becoming the Trusted Advisor Online,” Webinar, Texas Women Lawyers, July 2011 (Panelist)
- “Where Are You Now? Eight Weeks After Business Plan Boot Camp,” Texas Women Lawyers, April 2011 (Panelist)
- “Project You! Finding Focus in Your Practice,” Texas Women Lawyers, March 2011 (Panelist)
- “Connecting Communities,” Forest of Friendswood Homeowners Association Newsletter, November 2010 (Author)
- “Putting the “Homeowner” in Your HOA,” Change Magazine, October 2010 (Author)
- “The Changing Landscape of Real Estate Issues in Bankruptcy,” State Bar of Texas Advanced Real Estate Strategies Course, Santa Fe, New Mexico, October 2009 (Co-author/Speaker)
- Chapter 7 Panel, 25th Annual Farm, Ranch and Agri-Business Bankruptcy Institute, Lubbock, Texas, October 2009 (Speaker)
- “Intersection of Bankruptcy Law and Personal Injury Claims,” 5th Annual UT Texas Law School Consumer Bankruptcy Practice Seminar, Galveston, Texas, August 2009 (Co-author/Speaker)
- “On the Home Front: Recent Caselaw on Texas Homesteads,” 5th Annual UT Texas Law School Consumer Bankruptcy Practice Seminar, Galveston, Texas, August 2009 (Author/Speaker)
- “Moneywise,” State Bar of Texas Bankruptcy Section class for high school students, presented at local high schools, 2007 (Speaker)
- State Bar of Texas Hurricane Katrina/Rita Task Force, Bankruptcy Section, 2005 (Author)