Jason M. Rudd joined Diamond McCarthy in 2001. Jason has extensive experience in all stages of the commercial chapter 11 and chapter 7 process including related litigation and corporate transactions. He has represented chapter 11 debtors, secured and unsecured creditors and creditor committees in cases involving the telecommunications, airline, construction equipment, restaurant, construction contractor and oil and gas industries. In chapter 7 proceedings and post-confirmation matters, Jason has represented trustees and litigation trusts in recovering and administering estate assets, including the prosecution of preference and fraudulent transfer litigation.

His representative cases and matters include:

Debtor Representations:

• Debtors' counsel for Consolidated Equipment Companies, Inc., Con-Equip, Inc. and Owsley & Sons, Inc. as debtors in possession. Jason was the primary associate representing the largest commercial crane retailers in the southeastern United States, with over $100 million in senior secured debt in their chapter 11 bankruptcy cases. Important issues included prepetition planning, debtor in possession financing, cash collateral, 363 asset sales and plan formulation and confirmation.
  
  
• Debtors' counsel for Consolidated Roofing and Waterproofing, Inc. and eleven related companies as debtors in possession in chapter 11 bankruptcy cases. Jason was the principal associate representing this nation-wide network of commercial roofing companies from pre-bankruptcy planning through plan confirmation. He handled issues related to construction project bonding and surety issues, enforcing the automatic stay, secured creditor negotiations, and 363 asset sales.
  
  
• Debtor's counsel for Advantage Investors Mortgage Corporation as debtor in possession in chapter 11 bankruptcy case. Jason was the senior associate representing this residential mortgage banker and broker with 60 branch offices in 35 states in the wind-down of its operations through a liquidating chapter 11 plan. This representation included the closing of branch offices, handling claims related to mortgage loan wholesale and correspondent agreements, resolving mortgage repurchase obligations, and investigating causes of action against the debtor's parent corporation.
  
  
• Debtor's counsel for AFG Pacific Properties, Inc. as debtor in possession in chapter 11 bankruptcy case. Jason teamed with one partner and two other associates to represent this international real estate holding company in the sale of over $30 million in undeveloped real estate through a chapter 11 plan of reorganization. Jason was the associate responsible for formulating and drafting the plan of reorganization and disclosure statement.

Committee Representation:

• Counsel for the Official Committee of Unsecured Creditors of Logix Communications Corporation. Jason was the primary associate representing the unsecured creditors committee in the chapter 11 bankruptcy of Logix Communications Corporation, a telecommunications competitive local exchange carrier and fiber optics network operator in Texas, Louisiana, Oklahoma and Florida. Case issues included investigating claims against the debtor's parent corporation and senior secured creditors for lien avoidance and debt recharacterization, making a Louisiana World demand to allow the unsecured creditors committee to bring claims on behalf of the debtor's estate, contesting the debtor's executive retention program, examining the sale of the debtor's assets and negotiating the recovery for and protecting the interests of unsecured creditors.

Trustee Representations:

• Counsel to the LCC Distribution Agent. Jason was the senior associate representing the post-confirmation liquidating agent of Logix Communications Corporation in the persecution of claim objections and the administration and distribution of trust assets for unsecured creditors. This representation included the litigation of overcharge claims and the setoff of exchange carrier access charges under the Communications Act and carrier tariffs filed with the Federal Communications Commission.
  
  
• Counsel for The ProMedCo Recovery Trust. Jason represented the post-confirmation liquidating agent of ProMedCo Management Company and its affiliated companies in the prosecution of over forty avoidance actions for the recovery of preferential and fraudulent transfers.
  
  
• Counsel for the chapter 7 trustee of the estates of Precept Business Services, Inc. and its affiliates. Jason prosecuted fifty preference avoidance adversary proceedings on behalf of the chapter 7 trustee.
  
  
• Counsel to the Advantage Distribution Trust. Jason was the primary attorney representing the post-confirmation liquidating trust for the Advantage Investors Mortgage Corporation in the persecution of claim objections and the administration and distribution of trust assets for the benefit of unsecured creditors.

Creditor Representations:

• Counsel to secured creditor in In re M&M Katz, Inc. Jason was the lead associate representing one of the estate's largest secured creditors in the chapter 11 proceedings of Katz's Deli in Austin, Texas. Specific matters included cash collateral issues, opposing plan exclusivity, formulating a competing plan of reorganization, and negotiating a consensual plan of reorganization.
  
  
• Lead Counsel to GMAC Mortgage Corporation in lien avoidance, TILA and RESPA litigation and as a secured creditor in various bankruptcy cases.
  
  
• Counsel to equity holder and unsecured creditor in chapter 11 proceedings of Tri-Union Development Corporation and its related debtors. Jason was the lead associate representing the debtors' former president and director in obtaining the appointment of an examiner, seeking the appointment of a chapter 11 trustee, contesting plan confirmation, and investigating claims against the debtors' financial advisors and certain secured creditors.
  
  
• Counsel for Mercury Air Group, Inc. as secured creditor and post-petition lender in the chapter 11 and chapter 7 proceedings of National Airlines, Inc. Jason was the principal associate representing an aviation fuel vendor in providing post-petition credit to this commercial airline debtor.

Jason received his J.D. from the Baylor University School of Law (2000) and his B.A., magna cum laude, from Kentucky Wesleyan College (1997). He is admitted in the United States District Courts for the Southern and Northern Districts of Texas. Jason is a member of the State Bar of Texas, the American Bankruptcy Institute, the American Bar Association, the Bankruptcy Section of the Houston Bar Association, and the Arthur H. Moller / David B. Foltz, Jr. American Inns of Court.

Published materials include:

"The Implications of the Bankruptcy Reform Act of 2005 on the Ordinary Course of Business Defense in Preference Recovery Actions," accepted for publication in next edition of the American Bar Association's Trial Evidence.