Gregory G. Hesse

For the past 35 years, Greg has focused his practice on searching for pragmatic solutions to complex problems in the context of restructuring, insolvency, and bankruptcy. He represents borrowers, debtors, secured creditors, trade creditors, contract counterparties, unsecured creditors’ committees, equity holders, and trustees on all sides of insolvency situations, with an emphasis on representing creditors of all types. Although Greg’s practice is industry agnostic, adapting to fluctuations in the business cycle, his matters often occur within the retail and consumer products, real estate, and consumer finance industries.

Bankruptcy 

• Represented Official Committee of Unsecured Creditors in fractional life settlement company bankruptcy case in the Southern District of Texas.
• Represented specialty retail company in its prepackaged Chapter 11 bankruptcy proceedings in the Eastern District of Virginia.
• Represented community bank in its capacity as a farm production lender in the bankruptcy case of a grain elevator and food processing company.
• Represented engineering procurement and construction company in its Chapter 11 bankruptcy proceedings in the Southern District of Texas.
• Represented fintech company in its Chapter 11 bankruptcy in the Northern District of Texas.
• Represented chain of skilled nursing facilities and senior care centers in out-of-court restructuring.
• Represented national bank that issues private label and cobranded credit cards in restructurings and bankruptcies of retail companies.
• Represented national bank in the bankruptcy cases of several energy exploration and production companies.
• Represented hotel franchising company in the bankruptcy cases of several hotel operators.
• Represented national grocery store chain in connection with strategic acquisitions and depositions.
• Represented national chain of home improvement stores in strategic acquisitions.
• Represented grocery distribution and trucking company in Chapter 11 bankruptcy cases of customers and suppliers.
• Represented the agent for a secured creditor group in an out-of-court workout of a multi-state convenience store chain.
• Represented pre-petition secured lender and debtor in possession lender in the Chapter 11 bankruptcy in Central District of California of importer and distributor of craft products.
• Represented the secured creditor in an out-of-court workout of a $375 million loan secured by a portfolio of commercial real estate.
• Represented subprime lender in its Chapter 11 bankruptcy in the District of Delaware and confirmed a plan of liquidation that resulted in creditors receiving near payment in full.
• Represented senior secured lender in the Chapter 11 bankruptcy in the Middle District of Tennessee of non-profit manufacturer of food stuffs sold to the federal government.
• Represented senior secured lender in Chapter 11 bankruptcy in the Eastern District of Texas of food processing and storage company.
• Represented successor first lien agent and collateral trustee of a $480 million credit faculty in the Chapter 11 bankruptcy of textile manufacturer and retailer filed in the Southern District of New York. Representation included activities relating to the sale of substantially all the assets in the bankruptcy court, related appeals to the district court and court of appeals, and proceedings in the Delaware Chancery Court.
• Represented lender in $100 million debtor in possession loan in the Chapter 11 bankruptcy of an international hotel conglomerate filed in the District of New Jersey.
• Represented pre-petition and debtor in possession lender in the Chapter 11 bankruptcy of a group of 63 companies operating a member travel service filed in Bridgeport, Connecticut.
• Represented holders of enhanced equipment trust certificates in the bankruptcy cases of numerous airlines.
• Represented primary vendor in the bankruptcy cases of numerous convenience store chains.
• Represented securitization trusts in the bankruptcy cases of numerous hospitality bankruptcy cases.
• Represented primary secured lender in numerous single asset real estate bankruptcy cases.
• Represented secured and unsecured creditors, including banks, securitized trusts, and trade creditors in Chapter 7, 11, and 13 bankruptcy proceedings.
• Represented holders of intellectual property rights in Chapter 7 and 11 bankruptcy proceedings.
• Structured financial transaction areas and assisted numerous borrowers, including REIT’s, limited liability companies, limited partnerships, and lenders with the documentation of securitized transactions.

Consumer Protection and Payments

• Advises a national bank with regard to general payments legal advice, including issues arising from check transactions, ACH transactions, debit card transactions, credit card transactions, and wire transfers.
• Advises various banks about customer lending practices and payment system compliance related to the Electronic Fund Transfer Act (EFTA), Regulation E, the NACHA Rules.
• Conducted a fraudulent ACH payment policy and procedures analysis for a national bank.
• Advises a national bank with regard to issues arising from the Durbin Amendment to Dodd Frank.
• Conducted a mock examination of the mortgage origination policies and procedures of a national bank to confirm compliance with the CFPB’s combined Truth In Lending Act/Real Estate Settlement Procedures Act disclosure rule (or the “Know Before You Owe” rule).
• Advises subprime auto lender on electronic payment and money transmission issues.
• Advises consumer leasing company on transactional and payment compliance relating to EFTA and Reg E.
• Represented national bank in the due diligence of potential borrower’s compliance with EFTA and Reg E.
• Represented community bank with regard to residential mortgage loss mitigation processes.

• Named Best Lawyer in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, The Best Lawyers in America, 2024
• 2014 Top 100 Turnaround & Restructuring Atlas Award Winner - Consumer Goods Turnaround of the Year
• 2013 Section 363 Sale of the Year ($100 million to $1 billion) award by the M&A Advisors at its 8th Annual Turnaround Awards
• Inducted into the Rossville High School Hall of Fame
• Recipient of Distinguished Board Service Award from Promise House, Inc.
• Recipient of Diane Payne Shaw Memorial Volunteer Award from Promise Houses, Inc.

• Member, American Bankruptcy Institute
• Contributing Editor, American Bankruptcy Institute Journal
• Member, American Bar Association
• Member, Dallas Bar Association