Assumption and Assignment of Retail Leases in Bankruptcy: Determining Adequate Assurance of Future Performance

Ms. Vulpio counsels financial institutions, secured lenders, insurance companies, lessors, trade creditors, and other businesses and individuals in financial restructuring, bankruptcy, appellate and commercial litigation matters. On behalf of debtors, she assists with facilitating out-of-court workouts, preparing bankruptcy petitions and motions, formulating plans of reorganization or liquidation, and prosecuting claims objections and preference and fraudulent conveyance actions in both traditional Chapter 11 cases and Subchapter V small-business bankruptcies. Additionally, Ms. Vulpio handles bankruptcy-related litigation ranging from routine to complex and contentious, as well as bankruptcy appeals, including appellate briefing and oral argument.

Mr. Wallen is a resident in the firm’s Texas office and concentrates his practice on representing debtors, official committees of unsecured creditors, trade vendors, and other parties in some of the largest or otherwise most complex bankruptcy cases in the nation. He also regularly represents postconfirmation trusts as well as various other parties in bankruptcy-related litigation. Mr. Wallen has had active roles in the firm’s representation of Noble House Home Furnishings (S.D. Tex.), Lifesize (S.D. Tex.), and Easterday Ranches (E.D. Wash.), as well as the firm’s representation of the creditors’ committees in Hornblower Holdings (S.D. Tex.), Altera Infrastructure (S.D. Tex.), and Limetree Bay Services (S.D. Tex.), among other notable cases. He speaks regularly on bankruptcy and insolvency-related issues, including at seminars and conferences in Texas and Louisiana, and has authored multiple articles on various bankruptcy issues. Mr. Wallen also serves as a co-chair of the Legislation & Rules Subcommittee of the Business Bankruptcy Committee of the American Bar Association. He has received numerous recognitions for his work on bankruptcy and insolvency matters, such as being designated a 2024 “Rising Star” by Super Lawyers magazine, being included in the 30th and 31st editions of The Best Lawyers in America, and receiving the American Bankruptcy Institute’s Medal of Excellence upon graduation from law school. Mr. Wallen received his bachelor’s degree from the University of Oklahoma (2013) and his Juris Doctorate from the University of Houston Law Center (2016).