Elevate Credit, Inc.

Represented Elevate Credit, Inc. as defense counsel in a fraudulent transfer action asserted against it by a litigation trust created pursuant to the bankruptcy plan of Think Finance, LLC and its affiliated debtors.  The avoidance action arose out of the spin-off of Elevate Credit, Inc. from Think Finance, Inc. in 2014, in the Northern District of Texas, Dallas Division, and successfully resolved the fraudulent transfer action in which the litigation trust sought to recover in excess of $246 million.

Josh Terry and Acis Capital Management, L.P. and Acis Capital Management GP, LLC (collectively Acis) –

Represented Robin Phelan, Trustee in the Acis Capital Management, L.P. and Acis Capital Management GP, LLC (collectively Acis), a Dallas-based Securities and Exchange Commission (SEC)-registered investment advisor and collateralized loan obligation (CLO) manager with approximately $2 billion in assets under management. The United States Bankruptcy Court in Dallas confirmed a Chapter 11 restructuring plan which became effective on February 15, 2019.  Since confirmation, Josh Terry, equity owner of the Reorganized Debtor hired FP to defend and pursue litigation.

Shannon Gracey (Workout Counsel)

Represented a storied Fort Worth, Texas based law firm with an 80-year history with offices in Fort Worth, Dallas, Houston, Austin and Arlington, Texas, spearheaded efforts to avoid a bankruptcy filing and negotiated resolutions with all of Shannon Gracey’s creditors.

Cox Smith Matthews Incorporated

Forshey Prostok was retained by Cox Smith Matthews Incorporated as an expert witness in connection with a malpractice claim asserted against Debtor’s counsel in a Chapter 11 reorganization case.


First Baldwin Bancshares, Inc. 

Jeff Prostok recently successfully represented The First Bank in its acquisition of The First National Bank of Baldwin in a contested §363 sale in the Mobile, Alabama Bankruptcy Court.  Mr. Prostok previously represented Outsource Holdings, Inc. in its bankruptcy sale/merger of its 100% interest in Jefferson Bank, a Texas Bank with five branch locations in the DFW Metroplex, which was the first transaction of its kind in Texas.  Because of his expertise in this area, Mr. Prostok has worked on a number of other bank holding company bankruptcies throughout the country, as well as co-authored an article on the topic for the American Bankruptcy Institute Journal.

Associated Supply Company, Inc. (“ASCO”)

Forshey & Prostok successfully represented ASCO in its §363 purchase of assets valued more than $50M in the Hi-Way Equipment Company Bankruptcy, Case No. 13-41498-rfn-11.

Hi-Way Equipment Company 

Represented Associated Supply Company, Inc. in its §363 purchase of assets valued more than $50M in the Debtors’ bankruptcies.