Picture of Rachel T. Kubanda

Rachel T. Kubanda

Partner

"My ability to collaborate with clients to create and implement workable solutions to financial recovery often makes the difference between settlement and courtroom conflict."

Rachel Kubanda guides debtors, creditors, and other interested parties through every phase of bankruptcy and related litigation. Rachel has extensive experience across many industries, including energy, healthcare, financial services, retail, restaurants, and construction.

Rachel frequently represents small business and commercial debtors, secured lenders, trade creditors, asset purchasers, landlords, and chapter 7 trustees. Rachel handles all aspects of bankruptcy-related litigation, including prosecuting and defending fraudulent transfers, preference actions, contract disputes, contested claim objections, and much more. Her practice also includes general civil litigation in both federal and state courts, including collection actions and judgment enforcements.

In a distressed situation, where time is of the essence, Rachel maximizes client financial recovery by providing workable legal solutions and streamlined direction. Listed among The Best Lawyers in America’s “Ones to Watch” and Texas Super Lawyers “Rising Stars,” Rachel brings the litigation prowess needed to realize the best possible client outcomes in and out of court.

Rachel is mindful of minimizing her client’s exposure to risk when pursuing the right end game on their behalf. Although negotiating practical solutions can generate substantial savings, Rachel believes in being prepared to aggressively litigate complex bankruptcy disputes before the courts — when her client’s rights are in the balance and a negotiated solution cannot be achieved.

Appreciated for her ability to handle highly-charged disputes, Rachel is a tenacious litigator who is responsive to client needs and personally dedicated to delivering high-quality work product. Among Rachel’s greatest strengths is her clear, direct communication style with clients and other matter stakeholders. She focuses on setting clear priorities, bringing together diverse constituents as needed, and implementing creative solutions to the roadblocks to progress that arise from all types of insolvency events and ensuing bankruptcy litigation.

REPRESENTATIVE EXPERIENCE
  • Representation of trucking company as debtor in subchapter v bankruptcy case.
  • Representation of Ad Hoc Group of Dealers in a bankruptcy proceeding related to the liquidation of a national retailer.
  • Representation of multiple tenants and subtenants in a bankruptcy proceeding involving the failed reorganization and liquidation of a national convenience store operator.
  • Representations oil field service companies in asserting their lien rights in multiple bankruptcy proceedings.
  • Representation of regional E&P company in acquiring assets through bankruptcy proceedings.
  • Representation of nations E&P company in litigating indemnity rights that may have been affected through bankruptcy proceedings.
  • Representation of national manufacturer of snack foods in a bankruptcy proceeding involving a national movie theater chain.
  • Representation of national claim administrator in bankruptcy proceedings involving a national transportation company and national healthcare services provider.
  • Representation of private equity group focused on cryptocurrency in bankruptcy proceeding involving cryptocurrency mining and services company.
  • Representation of an indenture trustee involved in a claim valued in excess of $1 billion in a bankruptcy proceeding with an E&P company specializing in offshore drilling.
  • Representation of a welding and specialty gas provider as a Chapter 11 debtor in the Western District of Texas and assisted in the preparation and drafting of the proposed Chapter 11 plan of reorganization and disclosure statement.
  • Representation of a petroleum exporting company as a Chapter 7 debtor in the Southern District of Texas and prepared all related pleadings.
  • Representation of the managing company of a U.S.-based energy company involved in an involuntary Chapter 11 bankruptcy case in the Southern District of Texas.
  • Representation of a regional bank in a bankruptcy proceeding involving an E&P company with assets in the Eagle Ford Shale Play and southern Oklahoma.
  • Representation of an aircraft lessor in a bankruptcy proceeding involving a transportation company servicing the energy and healthcare industries.
  • Representation of a major oil company in negotiating a global settlement, which dismissed a $20 million adversary proceeding against the company with prejudice.
  • Representation of a Chapter 7 debtor in the Southern District of Texas and prepared the bankruptcy petition and all related pleadings.
  • Representation of a manufacturer of oil and gas valves in two separate adversary proceedings and successfully negotiated settlements that dismissed both proceedings with prejudice.
  • Representation of a landlord group in a bankruptcy proceeding involving a large chain of family-oriented restaurants.
EDUCATION & CREDENTIALS
  • South Texas College of Law, J.D., magna cum laude, 2014
  • John Carroll University, B.S., Economics, 2011
RECOGNITION
  • “Ones to Watch,” The Best Lawyers in America, 2022-2025
  • “Super Lawyers,” Texas Super Lawyers, 2022-2024
  • “Rising Star,” Texas Super Lawyers, 2020
BAR ADMISSIONS
  • Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. Bankruptcy Court for the Northern District of Texas
  • U.S. Bankruptcy Court for the Eastern District of Texas
  • U.S. Bankruptcy Court for the Southern District of Texas
  • U.S. Bankruptcy Court for the Western District of Texas
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Supreme Court
ARTICLES, PRESENTATIONS AND PUBLICATIONS
  • "Our Counter-Party Just Filed Bankruptcy... What Do We Do?," Association of Corporate Counsel Energy Network Legal Update, August 16, 2023
  • "Navigating Safe Harbors in Bankruptcy," Southeastern Women in Financial Services, August 8, 2023
  • "Commercial Leases in a Post-Pandemic World - Strategies for Landlords and Tenants In and Out of Bankruptcy," American Bar Association CLE, January 27, 2022
Community Service
  • Pro Bono Counsel, various asylum relief and immigration matters
PROFESSIONAL AFFILIATIONS
  • Member, Houston Bar Association (Special Olympics Committee, 2021-2022)
  • Member, State Bar of Texas
  • Member, International Women's Insolvency & Restructuring Confederation (Houston Chapter)
  • Member, Houston Association of Young Bankruptcy Lawyers
  • Member, Association of Women Attorneys