Rudy J. Cerone

Rudy J. Cerone is a member of the firm's commercial litigation section with primary emphasis in the areas of business bankruptcy and commercial litigation. He is certified as a specialist in Business Bankruptcy Law by the American Board of Certification (1993) and by the Louisiana State Bar Association Board of Legal Specialization (1996). Rudy has been named by Chambers USA as one of "America's Leading Business Lawyers." He has also been selected for inclusion in The International Who’s Who of Insolvency & Restructuring Lawyers 2007 and Best Lawyers in America in the area of bankruptcy and creditor-debtor rights law.

While in law school at Boston College, Rudy was member of the Order of the Coif, Executive Editor of the Boston College International and Comparative Law Review and received the Lyne, Woodworth & Evarts Best Law Review Editor Award (1979).

Representative Transactions

• In re Entergy New Orleans, Inc. (Bankr. E.D. La.), post Hurricane Katrina Chapter 11 of New Orleans' electrical gas utility company, co-counsel for the bond insurer.
• In re Harrah’s Jazz Company (Bankr. E.D. La.), one of the largest and highest profile bankruptcies in Louisiana history, co-counsel for the Bondholders Committee representing the holders of $435 million in secured, publicly-traded bonds. Selected by the Bondholders Committee to serve as a member of the Board of Directors of JCC Holding Company, the publicly-traded successor entity under the confirmed plan.
• In re Forcenergy Inc. (Bankr. E.D. La.), a large independent Gulf of Mexico-based oil and gas exploration and development company bankruptcy, representation of the largest holders of publicly-traded bonds.
• In re Crescent City Capital Development (Bankr. E.D. La.), a large riverboat casino bankruptcy, representation of the shipbuilder on the Unsecured Creditors Committee, and served as a Liquidating Trustee of the creditors’ liquidating trust established under the plan.
• In re T-H New Orleans Limited Partnership (Bankr. E.D. La.), representation of the debtor in major, successful litigation on complex and novel security device and plan confirmation issues before the lower courts and twice before the Fifth Circuit Court of Appeals, resulting in several reported decisions.
• In re Campo Electronics, Computers & Appliances, Inc. (Bankr. E.D. La.), a regional retail bankruptcy, representation of a national inventory finance lender and a bank providing private label credit cards.
• In re Royale Airlines, Inc. (Bankr. W.D. La.), representation of the major secured, aircraft financing lender in this regional airline bankruptcy.
• In re Executive Office Centers, Inc. (Bankr. E.D. La.), litigation involving novel trading-in-claims legal issues before both the low courts and the Fifth Circuit Court of Appeals, resulting in several reported decisions.

Published Opinions

• Jordan v. Louisiana Gaming Control Bd., 712 So.2d 74 (La. 1998) (declaratory judgment action re: Gaming Board authority to agree to bankruptcy-negotiated amendments to Casino Operating Contract).
• Matter of T-H New Orleans Ltd. Partnership, 144 B.R. 327 (Bankr. E.D. La.), aff’d in part, rev’d in part, 148 B.R. 456 (E.D. La. 1992), aff’d in part, rev’d in part, 5 F.3d 86 (5th Cir.), opn. withdrawn and superceded, 10 F.3d 1099 (5th Cir. 1993), cert. denied, 511 U.S. 1083, 114 S.Ct. 1833, 128 L. Ed 2d 461 (1994) (hotel revenues as cash collateral; likelihood of reorganization).
• Matter of T-H New Orleans Ltd. Partnership, 188 B.R. 799 (E.D. La. 1995), aff’d, 116 F.3d 790 (5th Cir. 1997) (plan confirmation).
• First Nat’l Bank of Boston v. Beckwith Machinery Co., 26 F.3d 580 (5th Cir. 1994); 650 So. 2d 1148 (La. 1995); 56 F.3d 577 (5th Cir. 1995) (lender-lien holder priority dispute).
• Matter of Delta Towers, Ltd., 112 B.R. 811 (E.D. La. 1990), aff’d in part, rev’d in part, 924 F.2d 74 (5th Cir. 1991) (Section 506(c) surcharge).
• United Cos. Financial Corp V. Davis, 148 B.R. 16 (W.D. La. 1992), aff’d, 12 F.3d 209 (5th Cir. 1993) (bifurcation of residential mortgage claim).
• Interfirst Bank Clifton v. Fernandez, 844 F.2d 279 and 853 F.2d 292 (5th Cir. 1988) (deficiency judgment action).
• In re Louisiana World Exposition, Inc., 832 F.2d 1391 (5th Cir. 1987) (directors’ and officers’ liability policies are not property of the corporation’s bankruptcy estate).
• General Elec. Credit Corp. v. Guillory & Son Mobile Home Sales Inc., 822 F.2d 545 (5th Cir. 1987) (deficiency judgment action).
• In re NCC Inc., 213 B.R. 483 (E.D. La. 1997) (third party release in confirmed plan).
• Elmwood Dry Dock and Repair v. H & A Trading Co., Ltd., 167 B.R. 412 (E.D. La. 1994) (stay relief).
• Matter of Tahkenitch Tree Farm Partnership, 156 B.R. 525 (Bankr. E.D. La. 1993) (appointment of chapter 11 trustee).
• Matter of Executive Office Centers, Inc., 96 B.R. 642 (Bankr. E.D. La. 1998) (trading in claims).