A member of the Taylor Porter Executive Committee, Partner Brett P. Furr is engaged primarily in a real estate and commercial litigation practice. In the last several years, his work has been related to commercial bank workout and litigation, including foreclosures, bankruptcies, defense of lender liability suits, and oil and gas cases and related matters.
Mr. Furr is the former chairman of the Banking Law Section of the National Lawyers Association. On behalf of the Louisiana Bankers Association, Mr. Furr was a principal drafter of a bill which was enacted as La. R.S. 6:1361, known as the ATM/Night Depository Customer Safety Act. Recently, he served on a Task Force to update the Local Court Rules for the United States Bankruptcy Court for the Middle District of Louisiana. Mr. Furr is a frequent lecturer on bankruptcy, bank liability, and related matters.
Mr. Furr has been selected for inclusion in Chambers USA (Bankruptcy/Restructuring), Louisiana Super Lawyers (Banking) and Best Lawyers (Real Estate).
Recent commercial cases:
- Lead counsel for MedCare Investment Funds, V and Cardiovascular Care Group, the largest creditor, with a claim in excess of $175,000,000, in the consolidated bankruptcy cases of Louisiana Heart Hospital including the successful defense of class action suits arising under the WARN Act and ancillary litigation.
- Lead counsel for First Flight Holdings in the defense of an improper $12,000,000 sales tax assessment.
- Lead counsel in successful defense of class action suit filed on behalf of over 10,000 residents arising out of allegations of substandard water quality.
- Lead counsel for largest creditor owed over $175,000,000 in the liquidation of Louisiana Heart Hospital, including defense of related class action cases.
- Lead counsel for IberiaBank in the Chapter 11 bankruptcy case of foodservicewarehouse.com, one of the nation’s largest online distributors of kitchen equipment and related supplies.
- Lead counsel in defense of class suit alleging contamination out of an alleged release of oil in the historic 2016 floods.
- Lead counsel for IberiaBank in a syndicated credit dispute involving a large oil and gas service company.
- Lead counsel for Kleinpeter Trace, LLC in disputed secured lending relationship. Claims involved fraud, breach of contract, and breach of fiduciary duty.
- Lead counsel for Richards Honda in protest of relocation of the automobile dealership.
- Lead counsel on the involuntary bankruptcy case of New Towne Development Group, L.L.C. Representation included defense of numerous suits and the purchase of causes of action from the Trustee.
- Special counsel to the court appointed examiner in the matter entitled “In re: Harold L. Rossbottom.” Representation included identifying, securing and accounting for assets of the estate.
- Lead counsel to LNR Partners, Inc., the nation's largest special servicer of REMIC loans, in connection with property damage to commercial properties throughout Louisiana and Mississippi resulting from Hurricanes Katrina and Rita and related foreclosures, workouts, bankruptcies and commercial litigation.
- Lead defense counsel in fourteen consolidated class action cases involving over 20,000 class members seeking recovery of punitive damages under the Telephone Consumer Protection Act.
- Lead counsel for JPMorgan Chase Bank, NA in the Chapter 11 proceedings of Pelts & Skins, L.L.C., the nation’s largest exporter of alligator hides.
- Lead counsel for JPMorgan Chase Bank, NA in defense of a lender liability suit filed in connection with multiple bond issuances financing manufacturing facilities in four states. The suit was dismissed with prejudice.
- Lead counsel for JPMorgan Chase Bank, NA in the Chapter 11 proceedings of Loma Company, L.L.C. The claim involved a letter of credit enhanced bond issuance in excess of $7,000,000.
- Lead counsel for Bank One, NA in the Chapter 11 proceedings of Southern Healthcare Systems, Inc.:
- Bank One issued Letters of Credit to enhance tax exempt bonds in the approximate amount of $22,000,000;
- Proposed and confirmed a creditor’s plan liquidating six nursing homes in three states with related debtor-in-possession financing.
- Lead counsel for Bank One, NA in the related chapter 11 proceedings of Schwegmann Westside Expressway, Inc. and its affiliate. Bank One, was the principal secured creditor with a claim in excess of $14,000,000.
- Lead counsel for Bank One, NA in the chapter 11 proceedings of Stonebridge Convalescent Center, L.L.C. and its affiliates consisting of six nursing homes in two states. Bank One was the principal secured creditor with a claim in excess of $12,000,000.
- Lead counsel for Total Environmental Solutions in the chapter 11 proceedings of Johnson Properties, Inc.:
- Total Environmental Solutions acquired the assets of Johnson properties pursuant to a negotiated chapter 11 plan proposed by the court-appointed Chapter 11 trustee;
- The assets of Johnson Properties consisted of over 200 sewer treatment facilities located in six states;
- Involvement included oversight of counsel to secure regulatory approval from three regions of the United States Environmental Protection Agency, the Offices of Environmental Quality in six states, and six state public service commissions;
- Secured related acquisition financing.
- Lead counsel in the successful defense of Anne Guzzardo v. Central Progressive Bank, a leading case in the defense of lender liability in Louisiana.
- Creditors' Committee Counsel for Communication Corp. of America and White Knight Holdings, Chapter 11 consolidated proceedings in the United States Bankruptcy Court for the Western District of Louisiana, Shreveport Division; Lead Case No.06-50410; Debtors own and operate several television stations in Louisiana, Texas and Indiana; Confirmed chapter 11 plan paid unsecured trade creditors in full.
Mr. Furr is actively involved in the Baton Rouge community. He was recently selected as the recipient of the LSU College of Human Sciences and Education Distinguished Service on Behalf of the College Award. Mr. Furr is a member of the Board of Louisiana Business & Technology Center. He is a past president of the University Laboratory School Foundation and recently co-chaired a capital campaign which raised over $6,500,000. He is an Elder and Trustee of First Presbyterian Church where he chairs the Budget and Personnel Committees. Mr. Furr is Immediate Past Chairman of the Board of Directors of the Mary Bird Perkins Cancer Center. He is a member of the Board of Directors of the Baton Rouge Water Company. Mr. Furr recently served two terms on the Board of Governors of the City Club of Baton Rouge, serving on the Executive Committee and as Secretary.