Trip Nix is a bankruptcy and commercial litigation attorney in the Austin office. He distinguishes himself by providing innovative and strategic legal representation to clients from diverse industries in complex bankruptcy and commercial litigation matters.
With a diverse client base, Trip has represented various stakeholders in Chapter 7 and Chapter 11 proceedings under the U.S. Bankruptcy Code. His clients have included asset purchasers, equity holders, unsecured creditors, official committees, Chapter 11 trustees, debtor-in-possession (DIP) lenders, secured lenders, and debtors across numerous industries. His extensive bankruptcy litigation experience encompasses substantive consolidation, discharge and exemption litigation, fraudulent transfer and preference litigation, automatic stay relief, claim objections, contested motions for Chapter 11 trustee appointments, contested motions to end exclusivity, and contested plan confirmations. Additionally, he has handled numerous appeals of bankruptcy court judgments and orders throughout Texas.
With an active role in both federal district and state courts, Trip maintains a robust commercial litigation practice representing both defendants and plaintiffs. Trip also regularly represents court-appointed receivers. His litigation portfolio includes trust disputes, fiduciary and fraud litigation, real estate and contract disputes, and receiverships. He has represented clients across Texas, showcasing his legal acumen and commitment to his clients.
Prior to joining the firm, Trip served as a partner at a national firm, developed experience at a bankruptcy law boutique, and served as a federal judicial extern for the Honorable Harlin D. Hale in the Northern District of Texas U.S. Bankruptcy Court.
Credentials
Bar Admissions
- State Bar of Texas
Education
- Texas Tech University School of Law, J.D.
- Texas Tech University, B.A.
Experience
Chapter 11 Estate Representations
- Represented numerous single-asset real estate debtors in Chapter 11 proceedings in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a manufacturing business in a Chapter 11 proceeding in the U.S. Bankruptcy Court for the Western District of Texas, resulting in confirmed plan of reorganization
- Represented a Chapter 11 trustee of an oil and gas company in the U.S. Bankruptcy Court for the Western District of Texas, resulting in confirmed plan of reorganization
- Represented a brewery in jointly administered Chapter 11 proceedings in the U.S. Bankruptcy Court for the Western District of Texas, resulting in confirmed plan of reorganization
- Represented a post-confirmation plan trustee in claim objection proceedings and other post-confirmation litigation issues in the U.S. Bankruptcy Court for the District of Delaware
Chapter 11 Creditor and Other Interested Party Representations
- Represented a participant lender in a senior secured credit facility of approximately $500 million in Chapter 11 proceeding in the U.S. Bankruptcy Court for the Southern District of Texas
- Represented senior secured lender in chapter 11 bankruptcy of a chain of senior living facilities in the U.S. Bankruptcy Court for the District of Delaware
- Represented a secured lender of a sand mining operation in the U.S. Bankruptcy Court for the Western District of Texas; the secured lender sought and obtained termination of exclusivity and proposed and confirmed a Chapter 11 plan in which the secured lender converted a small portion of its debt into 100 percent equity in the debtor; the debtor paid all allowed claims in full and released pending litigation seeking more than $40 million in damages against the secured lender and its principal
- Represented a senior lender in a single-asset real estate case in the U.S. Bankruptcy Court for the Western District of Texas, successfully obtaining relief from the automatic stay and ultimately foreclosing on hospitality asset
- Represented a member of an ad hoc group of noteholders in a case involving several billion dollars in liabilities in the U.S. Bankruptcy Court for the District of Delaware
- Represented a lessor and significant creditor of a hospital facility in the U.S. Bankruptcy Court for the District of Delaware
- Represented a secured lender in a real estate case in the U.S. Bankruptcy Court for the Western District of Texas in which the secured lender received full payment of its principal and interest (including pre- and post-petition default rate interest), as well as attorneys' fees
- Represented an asset purchaser in contested auction under Section 363 of the U.S. Bankruptcy Code, ultimately prevailing at the auction and purchasing substantially all of the estate's assets
- Represented the Official Committee of Unsecured Creditors in an oil and gas bankruptcy case in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a group of defrauded pre-petition investors in a Chapter 11 case contesting plan confirmation in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a group of limited partners contesting approval of a settlement agreement under Bankruptcy Rule 9019 in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a pre-petition secured lender and post-petition debtor-in-possession (DIP) lender in a Chapter 11 case in the U.S. Bankruptcy Court for the Western District of Texas, resulting in a consensual plan confirmation with full payment on account of the lender's secured claim
- Represented a law firm in objection to its pre-petition claim for attorneys' fees and a post-petition administrative claim for special counsel litigation work in the S. Bankruptcy Court for the Western District of Texas
- Represented a personal injury claimant accused of violating a Chapter 11 plan injunction in the U.S. Bankruptcy Court for the Southern District of Texas
- Represented a secured creditor in a successful objection to certain claimed exemptions under 11 U.S.C. § 522 in the U.S. Bankruptcy Court for the Western District of Texas
- Represented a secured creditor in a Chapter 11 proceeding of individual debtor in the U.S. Bankruptcy Court for the Western District of Texas, successfully converting the case to a Chapter 7 proceeding in the U.S. Bankruptcy Court for the Western District of Texas
Adversary Proceedings
- Represented secured lender in fraudulent transfer action brought by official committee of unsecured creditors seeking to avoid appx. $90 million of liens in the United States Bankruptcy Court for the District of Delaware.
- Represented post-confirmation a Chapter 11 plan trustee in an adversary proceeding asserting claims for breach of contract related to a sale of assets totaling more than $50 million, reformation and turnover under 11 U.S.C. § 542 in U.S. Bankruptcy Court for the Western District of Texas
- Represented a Chapter 7 debtor in defending objections to discharge under 11 U.S.C. §§ 523 and 707 in U.S. Bankruptcy Court for the Western District of Texas
- Represented a family trust in an adversary proceeding initiated by a Chapter 7 trustee seeking the avoidance of millions of dollars in alleged fraudulent transfers in the U.S. District Court for the Western District of Texas
- Represented a defendant accused of participating in a significant fraudulent transfer and conspiracy scheme in the U.S. Bankruptcy Court for the Northern District of Texas
- Represented a secured lender in obtaining a nondischargeable judgment against a Chapter 7 debtor under 11 U.S.C. § 523(a)(2)
- Represented an executor of a will accused of breach of fiduciary duty in a case removed to bankruptcy court; successfully obtained dismissal of claims by summary judgment in U.S. Bankruptcy Court for the Western District of Texas
Commercial Litigation
- Represented court-appointed pre-judgment receiver of a commercial credit fund in Travis County District Court
- Represented a secured lender in a receivership action in Travis County District Court, ultimately obtaining full payment, including interest and attorneys' fees
- Represented a Texas bank, its subsidiary factoring company and several of its officers and directors accused of breach of contract, conspiracy and fraud related to the sale of certain accounts receivable; successfully obtained dismissal of all claims asserted against it by summary judgment
- Represented a secured lender in a receivership action in Travis County District Court and obtained relief from the receivership in order to foreclose on collateral
- Represented numerous lenders in enforcement of loan agreements, promissory notes and guaranty contracts in various district courts across Texas, including district courts in Travis County, Dallas County, Harris County, Tarrant County, Bexar County and Williamson County
- Represented a participating lender in a multi-party interpleader action involving significant disputes regarding lien priority among the lenders
- Represented a secured equipment lender of leasing business seeking the appointment of a receiver in the U.S. District Court for the Northern District of Texas
- Represented a plaintiff seeking the avoidance of numerous fraudulent transfers in the U.S. District Court for the Western District of Texas
- Represented a bank as an intervening party in a dispute concerning whether its lien took priority over goods consigned to a consignee in the U.S. District Court for the Southern District of Texas
- Represented an indenture trustee in a dispute related to the issuance and enforceability of certain bonds issued by a governmental entity in Williamson County District Court
- Represented 13 third-party defendants accused of numerous business torts and breaches of contract, obtaining dismissal of all third-party defendants by summary judgment in Williamson County District Court
- Represented a landowner in a dispute related to the enforcement of a restrictive covenant preserving views of the Texas Capitol in Travis County District Court
Professional Affiliations
- Larry E. Kelly Bankruptcy American Inn of Court
- Turnaround Management Association, Central Texas Chapter
- Texas Bar Foundation, Fellow
- Austin Bar Association
- Austin Young Lawyers Association
Honors & Awards
- The Best Lawyers in America guide, Ones to Watch, Litigation - Bankruptcy, 2023-2025; Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2025
- Top Attorneys, Austin Monthly, 2024
- Rising Star, Texas Super Lawyers magazine, 2023, 2024
Presentations
- Sanctions and Privileges, Consumer Bankruptcy Practice, UT Law CLE, July 12, 2024
- Getting Paid in Bankruptcy (and Best Practices for Getting Paid.), Austin Bar Association, May 10, 2024
- What Is Bankruptcy in Real Estate? Basic Bankruptcy as It Relates to Real Estate, 57th Annual William W. Gibson Jr. Mortgage Lending Institute, October 12, 2023
- Strategies for Maximizing Debt Collection through Effective Loan Documentation, Monitoring, and Enforcement, 2023 Independent Bankers Association of Texas (IBAT) EDGE Conference, April 5, 2023