Suzanne K. “Suki” Rosen, a partner in the firm, has more than two decades of experience representing clients in complex bankruptcy, restructuring, and litigation matters.  Ms. Rosen focuses her practice on complex commercial bankruptcy cases and represents clients in chapter 11 cases, bankruptcy-related litigation matters, avoidance actions, and out of court restructurings.  

Ms. Rosen has extensive experience in all aspects of commercial bankruptcy cases and bankruptcy-related litigation, including representing chapter 11 debtors, creditors, liquidating trustees, and equity interest owners.  Ms. Rosen has represented debtors and creditors across a wide range of business sectors, including energy, oil and gas, manufacturing, industrial, financial products, and healthcare.

Ms. Rosen’s experience includes the following:

  • Eventide Credit Acquisitions, LLC 

Represents Eventide Credit Acquisitions, LLC (ECA) as debtor’s counsel.  This case involves issues of nationwide significance.  Specifically, prior to the petition date, ECA was sued in several class action lawsuits nationwide relating to ECA’s sale of a loan servicing business to the Lac Vieux Desert Band of Lake Superior Chippewa Indians (Tribe).  The plaintiffs in the class action lawsuits are consumer borrowers who obtained short term, high interest rate loans from Big Picture Loans, an economic arm of the Tribe.  The consumer borrowers assert claims exceeding $100M.  The primary issue to be determined in the bankruptcy case is whether tribal sovereignty and the strong federal policy favoring tribal economic development and self-sufficiency pre-empt state usury law with respect to the tribal loans.  

In addition to the claims asserted by the consumer borrowers of the LVD, ECA also has a claim against Big Picture Loans in the amount of $26.85M based on Big Picture Loans’ default under the terms of a note and loan security agreement between ECA, as lender, and Big Picture Loans, as borrower. This case is pending.

  • Crisp Real Estate Partners, L.P., and Ad Hoc Committee of Equity Holders

Represents Crisp Real Estate Partners, L.P. (CREP), the debtor’s senior secured creditor, and the Ad Hoc Committee of Equity Holders (Equity Holders) in the JBM Specialties, LLC (Debtor) bankruptcy case.  The Debtor, which does business as Whiskey Hollow Distilleries, operates two federally permitted distilleries in Cooke County, Texas.  Forshey Prostok is assisting CREP in preserving its rights in relation to the sale of one of the distilleries and recovering the full amount of its secured claim.  Forshey Prostok is also assisting the Equity Holders with respect to their claims against the Debtor and the Debtor’s principal for securities fraud, conversion, self-dealing, breach of fiduciary duty, and equitable subordination.

  • American Workers Insurance Services, Inc. and Association Health Care Management, Inc.

Assisted in the representation of American Workers Insurance Services, Inc. and Association Health Care Management, Inc. as debtors’ counsel.  Debtors marketed various insurance and benefits coverages to members of the National Association of Preferred Producers. This case raised substantial issues regarding the interplay of such businesses in Chapter 11 and disputes with claimants relating to such business and the ERISA statute.

  • Chesapeake Energy Corporation – Official Committee of Royalty Owners

Represented the Official Committee of Royalty Owners in one of the first times in recent complex bankruptcy cases that a statutory committee has been appointed for royalty interest holders.  Successfully defended motion to disband the committee and then represented the interests of over 237,000 royalty interest holders located all over the United States subject to different state law jurisdictions.  Negotiated for much better protections in the Debtor’s plan for royalty interest holders.

  • Mid-Cities Home Medical Equipment Co., Inc.

Represented Mid-Cities Home Medical Equipment Co., Inc. (MCHME) as debtor’s counsel in the successful confirmation of a chapter 11 plan and continues to represent the plan trustee on a post-confirmation basis.  MCHME provided durable medical equipment to managed care patients.  Although MCHME had essentially liquidated prior to the bankruptcy filing, it was able to work with its secured creditors and confirm a chapter 11 plan that preserved the value of the debtor’s equity interest in a related entity worth substantial value for the benefit of creditors.  

  • Elevate Credit, Inc.

Assisted in the representation of 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, which arose out of the spin-off of Elevate Credit, Inc. from Think Finance, LLC in 2014 in which the trust sought to recover in excess of $246 million, was successfully resolved.

  • Josh Terry and Acis Capital Management, L.P. and Acis Capital Management, LLC 

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.

Awards and Recognition
  • Best Lawyers® (2022, 2023) in Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law (BL Rankings, LLC d/b/a Best Lawyers and Co., LLC
  • Top Attorneys in Fort Worth (2023) in Bankruptcy as recognized by Fort Worth Magazine
  • Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers (2020-2023)
Bar Admissions
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Northern District of Texas
  • United States Bankruptcy Court for the Northern District of Texas
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Bankruptcy Court for the Eastern District of Texas
  • United States Bankruptcy Court for the Western District of Texas
  • United States Bankruptcy Court for the District of Colorado
  • University of Colorado (B.A. 1992)
  • Texas Tech University School of Law (J.D. 1996)
Publications & Presentations
  • “Bank Recapitalization in Bankruptcy:  Trumping the TruPS,” Contributing Author with Jeff P. Prostok, Geoffrey S. Kay, and Jonathan W. Briggs, American Bankruptcy Institute Journal, September 2013.
  • In February 2013, Ms. Rosen spoke to the Tarrant County Bar Association Bankruptcy Section on the topic, “Update on Fort Worth Bankruptcy Decisions at the Fifth Circuit.”