Trip Nix
Partner
Trip Nix
512.685.6476
Overview
Trip Nix is a bankruptcy and commercial litigation attorney in Holland & Knight's Austin office. Mr. Nix assists clients across a wide range of industries in bankruptcy proceedings and complex commercial litigation matters.
Mr. Nix has experience representing stakeholders in bankruptcy proceedings under Chapter 11 and Chapter 7 of the U.S. Bankruptcy Code. He has represented debtors, secured lenders, debtor-in-possession (DIP) lenders, Chapter 11 trustees, official committees, unsecured creditors, equity holders and asset purchasers in a wide range of industries. Mr. Nix has significant experience litigating issues in bankruptcy court, including contested plan confirmations, contested motions to terminate exclusivity, contested motions to appoint a Chapter 11 trustee, claim objections, relief from the automatic stay, fraudulent transfer and preference litigation, discharge and exemption litigation, and substantive consolidation. He has also prosecuted and defended numerous appeals of orders and judgments issued by bankruptcy courts throughout Texas.
In addition to his bankruptcy practice, Mr. Nix maintains a significant case load of commercial litigation and represents plaintiffs and defendants. His experience includes receiverships, contract and real estate disputes, fraud and fiduciary litigation, and trust disputes. He has litigated in state and federal district courts throughout the state of Texas.
Previously, Mr. Nix gained valuable experience in a bankruptcy law boutique and as a federal judicial extern for the Honorable Harlin D. Hale in the U.S. Bankruptcy Court for the Northern District of Texas.
Representative Experience
- Represented a Chapter 11 trustee in a joint administration of two Chapter 11 proceedings involving the maintenance and liquidation of significant real estate located in Texas and Oklahoma, ultimately confirming a Chapter 11 plan, paying all creditors in full and returning a significant surplus to equity, in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a post-confirmation reorganized debtor after successfully confirming a contested plan of reorganization put forth by the client, the secured lender, which converted a portion of the secured debt to 100 percent of the equity in the reorganized debtor, in the U.S. Bankruptcy Court for the Western District of Texas
- Represented numerous single-asset real estate debtors in Chapter 11 proceedings in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a manufacturing business in a Chapter 11 proceeding in the U.S. Bankruptcy Court for the Western District of Texas, resulting in confirmed plan of reorganization
- Represented a Chapter 11 trustee of an oil and gas company in the U.S. Bankruptcy Court for the Western District of Texas, resulting in confirmed plan of reorganization
- Represented a brewery in jointly administered Chapter 11 proceedings in the U.S. Bankruptcy Court for the Western District of Texas, resulting in confirmed plan of reorganization
- Represented a post-confirmation plan trustee in claim objection proceedings and other post-confirmation litigation issues in the U.S. Bankruptcy Court for the District of Delaware
- Represented a participant lender in a senior secured credit facility of approximately $500 million in Chapter 11 proceeding in the U.S. Bankruptcy Court for the Southern District of Texas
- Represented a secured lender of a sand mining operation in the U.S. Bankruptcy Court for the Western District of Texas; the secured lender sought and obtained termination of exclusivity and proposed and confirmed a Chapter 11 plan in which the secured lender converted a small portion of its debt into 100 percent equity in the debtor; the debtor paid all allowed claims in full and released pending litigation seeking more than $40 million in damages against the secured lender and its principal
- Represented a senior lender in a single-asset real estate case in the U.S. Bankruptcy Court for the Western District of Texas, successfully obtaining relief from the automatic stay and ultimately foreclosing on hospitality asset
- Represented a member of an ad hoc group of noteholders in a case involving several billion dollars in liabilities in the U.S. Bankruptcy Court for the District of Delaware
- Represented a lessor and significant creditor of a hospital facility in the U.S. Bankruptcy Court for the District of Delaware
- Represented a secured lender in a real estate case in the U.S. Bankruptcy Court for the Western District of Texas in which the secured lender received full payment of its principal and interest (including pre- and post-petition default rate interest), as well as attorneys' fees
- Represented an asset purchaser in contested auction under Section 363 of the U.S. Bankruptcy Code, ultimately prevailing at the auction and purchasing substantially all of the estate's assets
- Represented the Official Committee of Unsecured Creditors in an oil and gas bankruptcy case in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a group of defrauded pre-petition investors in a Chapter 11 case contesting plan confirmation in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a group of limited partners contesting approval of a settlement agreement under Bankruptcy Rule 9019 in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a pre-petition secured lender and post-petition debtor-in-possession (DIP) lender in a Chapter 11 case in the U.S. Bankruptcy Court for the Western District of Texas, resulting in a consensual plan confirmation with full payment on account of the lender's secured claim
- Represented a law firm in objection to its pre-petition claim for attorneys' fees and a post-petition administrative claim for special counsel litigation work in the S. Bankruptcy Court for the Western District of Texas
- Represented a personal injury claimant accused of violating a Chapter 11 plan injunction in the U.S. Bankruptcy Court for the Southern District of Texas
- Represented a secured creditor in a successful objection to certain claimed exemptions under 11 U.S.C. § 522 in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a secured creditor in a Chapter 11 proceeding of individual debtor in the U.S. Bankruptcy Court for the Western District of Texas, successfully converting the case to a Chapter 7 proceeding in the U.S. Bankruptcy Court for the Western District of Texas
- Represented post-confirmation a Chapter 11 plan trustee in an adversary proceeding asserting claims for breach of contract related to a sale of assets totaling more than $50 million, reformation and turnover under 11 U.S.C. § 542 in U.S. Bankruptcy Court for the Western District of Texas
- Represented a Chapter 7 debtor in defending objections to discharge under 11 U.S.C. §§ 523 and 707 in U.S. Bankruptcy Court for the Western District of Texas
- Represented a family trust in an adversary proceeding initiated by a Chapter 7 trustee seeking the avoidance of millions of dollars in alleged fraudulent transfers in the U.S. District Court for the Western District of Texas
- Represented a defendant accused of participating in a significant fraudulent transfer and conspiracy scheme in the U.S. Bankruptcy Court for the Northern District of Texas
- Represented a secured lender in obtaining a nondischargeable judgment against a Chapter 7 debtor under 11 U.S.C. § 523(a)(2)
- Represented an executor of a will accused of breach of fiduciary duty in a case removed to bankruptcy court; successfully obtained dismissal of claims by summary judgment in U.S. Bankruptcy Court for the Western District of Texas
- Represented a secured lender in a receivership action in Travis County District Court, ultimately obtaining full payment, including interest and attorneys' fees
- Represented a Texas bank, its subsidiary factoring company and several of its officers and directors accused of breach of contract, conspiracy and fraud related to the sale of certain accounts receivable; successfully obtained dismissal of all claims asserted against it by summary judgment
- Represented a secured lender in a receivership action in Travis County District Court and obtained relief from the receivership in order to foreclose on collateral
- Represented numerous lenders in enforcement of loan agreements, promissory notes and guaranty contracts in various district courts across Texas, including district courts in Travis County, Dallas County, Harris County, Tarrant County, Bexar County and Williamson County
- Represented a participating lender in a multi-party interpleader action involving significant disputes regarding lien priority among the lenders
- Represented a secured equipment lender of leasing business seeking the appointment of a receiver in the U.S. District Court for the Northern District of Texas
- Represented a plaintiff seeking the avoidance of numerous fraudulent transfers in the U.S. District Court for the Western District of Texas
- Represented a bank as an intervening party in a dispute concerning whether its lien took priority over goods consigned to a consignee in the U.S. District Court for the Southern District of Texas
- Represented an indenture trustee in a dispute related to the issuance and enforceability of certain bonds issued by a governmental entity in Williamson County District Court
- Represented 13 third-party defendants accused of numerous business torts and breaches of contract, obtaining dismissal of all third-party defendants by summary judgment in Williamson County District Court
- Represented a land owner in a dispute related to the enforcement of a restrictive covenant preserving views of the Texas Capitol in Travis County District Court
Credentials
Education
- Texas Tech University School of Law, J.D.
- Texas Tech University, B.A.
Bar Admissions/Licenses
- Texas
Memberships
- Larry E. Kelly Bankruptcy American Inn of Court
- Turnaround Management Association, Central Texas Chapter
- Texas Bar Foundation, Fellow
- Austin Bar Association
- Austin Young Lawyers Association
Honors & Awards
- Rising Star, Texas Super Lawyers magazine, 2023, 2024
- The Best Lawyers in America guide, Ones to Watch, Litigation - Bankruptcy, 2023, 2024