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CURRICULUM VITAE John Cardinal Parks Horowitz & Burnett, P.C. |
BIOGRAPHY
Mr. Parks specializes in complex civil litigation and bankruptcy litigation. He has over 35 years of experience in the law and has appeared before federal, bankruptcy and state courts in Colorado and across the nation. Mr. Parks has been awarded an "AV" rating by Martindale-Hubbell, the most prestigious rating available and awarded to fewer than 5% of all eligible attorneys nationwide.
EDUCATION
Bachelor of Arts: Yale University, 1972
Juris Doctorate: University of Cincinnati College of Law, 1976 with honors
ADMITTED TO PRACTICE
Ohio (inactive), California (inactive) and Colorado.
Also admitted to practice before the Supreme Court of the United States, the United States Courts of Appeals for the Fifth, Sixth, and Tenth Circuits, and the United States District Courts for the Northern District of Ohio, Southern District of Ohio, District of Colorado, District of Arizona, and the Eastern District of Michigan.
REPORTED DECISIONS
Mabey v. Southwestern Electric Power Co. (In re Cajun Electric Power Cooperative, Inc.), 150 F. 3d. 503 (5th Cir. 1998) (disqualification of proponent of Chapter 11 plan of reorganization);
In re: Lower Lake Erie Iron Ore Antitrust Litigation, 998 F.2d 1144 (3rd Cir. 1993) (antitrust conspiracy);
Citibank, N.A. v. White Motor Corp. (In re White Motor Credit Corp.), 761 F.2d 270 (6th Cir. 1985), affirming, 37 B.R. 631 (N.D. Ohio, 1984) (proper forum for liquidating product liability claims against a Chapter 11 debtor);
White Motor Corp. v. Citibank, N.A., 704 F.2d 254 (6th Cir. 1983) (constitutionality of interim rule delegating bankruptcy jurisdiction from district courts to bankruptcy courts in the wake of the Supreme Court's decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982) and authority of bankruptcy court to appoint special master);
Bratton v. The Yoder Co. (In re: The Yoder Co.), 758 F.2d 1114 (6th Cir. 1985) (application of the presumption of receipt upon mailing);
Nicholls v. Zurich American Insurance Group, 244 F. Supp. 2d 1144 (D. Colo. 2003) (coverage under directors' and officers' liability insurance policy and effect of automatic stay on cancellation of policy);
In re: Cajun Electric Power Cooperative, Inc., 230 B.R. 715 (Bankr. M.D. La. 1999) (confirmation of competing plans of reorganization for electric utility);
Cajun Electric Members Committee v. Mabey (In re Cajun Electric Power Cooperative, Inc.), 230 B.R. 693 (Bankr. M.D. La. 1999) (assumability and assignability of electric cooperative's all-requirements contracts with members);
America West Airlines, Inc. v. City of Phoenix (In re: America West Airlines, Inc.), 214 B.R. 382 (Bankr. D. Az. 1997) (standards for approving settlements under Rule 9019 of the Federal Rules of Bankruptcy Procedure);
In re: America West Airlines, Inc., 179 B.R. 893 (Bankr. D. Az. 1995) (application of res judicata to bar claim based on employee stock options);
First Wisconsin National Bank v. Terex Corp. (In re Terex Corp.), 53 B.R. 616 (Bankr. N.D. Ohio 1985) (standards governing motions to intervene under Rule 24(b));
Worlds of Wonder Inc. v. Vector Intercontinental Inc., 1 U.S.P.Q. 2d, 1645 (N.D. Ohio 1986) (copyright infringement action);
Crawford v. Board of Education, 6 Ohio St. 3d 324, 453 N.E. 2d 627 (1983) (whether substitute teaching experience can be used for years of service credit under teacher salary scale);
Minnich v. Guernsey Savings and Loan Co., 36 Ohio App. 3d 54, 521 N.E. 2d 489 (Ohio App. 1987) (application of Marketable Title Act in a chain of title dispute);
Nash v. General Electric Co., 64 Ohio App. 2d 25, 410 N.E. 2d 792 (Ohio App. 1979) (whether in products liability action a defect may be proved by continued use of product over time without incident).
ARTICLES/PUBLICATIONS
The Effective Use of Bidding Incentives in Bankruptcy,
2000-2001 Annual Survey of Bankruptcy Law (West Group);
A Modest Proposal: Bankruptcy Courts Should Review Bidding Incentives for Whether They Maximize Estate Value, California Bankruptcy Report, March 2000;
A Modest Proposal: Bankruptcy Courts Should Drop the Convoluted Analysis and Simply Review Bidding Incentives for Whether they Maximize Estate Value, Colorado Bankruptcy Court Report, April 2000
TEACHING EXPERIENCE
In addition to teaching trial practice subjects in firm-sponsored seminars, Mr. Parks is a trial skills instructor for the National Institute for Trial Advocacy.
MAJOR BANKRUPTCY CASES
White Motor Corporation
Represented White Motor Corporation as a Chapter 11 debtor-in-possession. At the time of its filing, the White Motor case was the largest reorganization case to have been filed under the then recently enacted Bankruptcy Code. As the case progressed, I became the lead trial attorney in adversary proceedings and other litigation matters in the case.
Terex Corporation
Represented Terex Corporation, as a Chapter 11 debtor-in-possession, in litigation with its lender, First Wisconsin National Bank of Milwaukee, now known as Firstar Bank.
ESM Government Securities, Inc
Represented the City of Toledo, Ohio in connection with a $19 million claim in the Chapter 7 stockbroker liquidation of ESM Government Securities, Inc., a Fort Lauderdale, Florida based company that specialized in repo transactions.
Mansfield Tire and Rubber Co.
Represented numerous preference defendants (e.g., B.F. Goodrich and Goodyear) in the Chapter 11 reorganization of Mansfield Tire and Rubber Co.
Hilton Head Bankruptcies
Represented the Federal Savings and Loan Insurance Corporation, as receiver for two failed savings and loans, on a $60 million secured claim in the Chapter 11 reorganizations of the Hilton Head Corporation and the Sea Pines Plantation Company which, together, owned or controlled most of the real estate on Hilton Head Island, South Carolina.
Consolidated Oil & Gas, Inc.
Represented Consolidated Oil & Gas, Inc., as a Chapter 11 debtor-in-possession, in various bankruptcy litigation matters, including an equitable subordination claim against Southern Union Company.
Kaiser Coal Company
Represented the Reorganized Creditors' Committee in post-confirmation proceedings on disputed claims.
MiniScribe Corporation
Represented the Official Creditors' Committee of MiniScribe Corporation as the representative of the estate in litigation involving a $100 million claim filed by Standard Chartered Bank of London.
America West Airlines, Inc.
Represented America West Airlines, Inc., then the nation's ninth largest air carrier, in its Chapter 11 reorganization case. As the lead litigation attorney in the case, I handled hearings ranging from a $50 million debtor-in-possession financing to defending multi-million dollar claims for breach of aircraft financing agreements.
Oren Benton Bankruptcies
Represented the Creditors' Committee in various litigation matters in the Chapter 11 reorganization of Oren Benton and his various corporate entities.
Cajun Electric Power Cooperative, Inc.
Represented the Chapter 11 trustee of Cajun Electric Power Cooperative, Inc., a billion dollar electric cooperative in Louisiana. Handled numerous litigation matters in the Cajun Electric case, including serving as lead trial counsel in a 63-day trial on three competing plans of reorganization that began in December of 1996 and concluded in June of 1999, undoubtedly the longest confirmation hearing in the history of American bankruptcy law.
Harnischfeger Industries, Inc.
Special litigation counsel for Harnischfeger Industries, Inc., now known as Joy Global Inc., the world's largest manufacturer of both subsurface and above-ground mining equipment, as a Chapter 11 debtor-in-possession. Among other litigation matters, successfully resolved a $5 million filed by SenStar Capital Corporation, an affiliate of John Deere Credit, based on breach of financing leases.
Centrix Financial, LLC
Represented Lyndon Property Insurance Co. in the Chapter 11 reorganization of Centrix Financial, LLC. Lyndon provided default protection insurance for hundreds of millions of dollars of sub-prime auto loans that had been placed by Centrix with credit unions across the country. Lyndon is one of Centrix' major creditors and is involved in litigation with the liquidating trustee under Centrix' confirmed liquidating plan of reorganization as well as numerous credit unions.
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