Annmarie Chiarello is a Texas-based bankruptcy attorney and shareholder in Winstead PC’s Restructuring & Insolvency Practice Group. She is primarily a creditor-side bankruptcy lawyer with a focused practice representing secured lenders, banks, financial institutions, commercial landlords, trustees, and creditors in Chapter 7 liquidations, Chapter 11 reorganizations, adversary proceedings, and bankruptcy appeals throughout Texas and the United States.

Annmarie handles the full range of creditor-side bankruptcy matters, including cash collateral disputes, debtor-in-possession (DIP) financing, fraudulent transfer litigation, preference actions, non-dischargeability claims, and plan confirmations. She has represented clients before the U.S. Bankruptcy Courts, U.S. District Courts, and U.S. Court of Appeals. Her industry experience spans retail, healthcare, oil and gas, real estate, aerospace, and manufacturing.

Annmarie is recognized as a leading bankruptcy and restructuring attorney in Dallas, Texas. She is listed in Best Lawyers: Ones to Watch, Texas Rising Stars, D Magazine’s Best Lawyers in Dallas Under 40, and the American Bankruptcy Institute’s 40 Under 40. She is admitted to practice in Texas and New York.

Representative Experience

Financial Institutions & Secured Lenders

• Represents secured lenders in Chapter 11 cases and adversary proceedings, including cash collateral disputes, DIP financing matters, contested confirmations, and fraudulent transfer litigation
• Recurring representation of regional and national banks and lenders in bankruptcy proceedings across Texas and other jurisdictions
• Counsels lenders on out-of-court workout strategies and enforcement of secured claims in distressed borrower situations

Bankruptcy Appeals

• Represents parties bankruptcy appeals before the U.S. District Courts and the U.S. Court of Appeals defending favorable trial court rulings through post-judgment proceedings and on appeal
• Successfully briefed and argued a bankruptcy appeal before the Fifth Circuit Court of Appeals on behalf of a secured lender in Hayward & Assocs. P.L.L.C. v. Comerica Bank (In re Bailey Tool & Mfg. Co.), prevailing on issues critical to creditor rights
• Defended appellate challenges arising from contested involuntary bankruptcy proceedings, including matters involving complex jurisdictional and standing issues, as in Neutra, Ltd. v. Terry (In re Acis Capital Mgmt., L.P.)
• Advises clients on appellate risk assessment and strategy following contested confirmation hearings, lift-stay rulings, and adversary proceeding judgments

Trustees & Estate Fiduciaries

• Represents Chapter 7 and Chapter 11 trustees in liquidation and reorganization proceedings, including asset recovery, avoidance actions, and claims administration
• Represented Chapter 11 trustees in bankruptcy proceedings throughout the United States, including matters involving complex secured debt structures and disputed asset sales
• Successfully obtained the appointment and representation of equity committees in matters spanning multiple industries

Debtors & Borrowers

• Advises debtors in out-of-court restructuring and workout negotiations with secured lenders and creditor constituencies
• Assists debtor-side clients in asset sales and restructuring via Chapter 11 proceedings

Purchasers

• Represents buyers in bankruptcy court-approved asset acquisitions under Section 363 of the Bankruptcy Code, advising on due diligence, bid procedures, sale orders, and free-and-clear title issues
• Counsels stalking horse bidders on asset purchase agreement negotiation, bid protections including break-up fees and expense reimbursement, and strategy through the auction and sale hearing process
• Advises secured lenders on credit bidding rights and strategy in 363 sale processes, including structuring credit bids to maximize collateral recovery and navigating disputes over credit bids

Retail & Hospitality

• Represented landlords, secured creditors, and DIP lenders in high-profile retail and restaurant bankruptcies, including Tuesday Morning, JCPenney, Chuck E. Cheese, GNC, Pier 1, J.Crew, and Cici’s Pizza
• Assisted in the successful acquisition of the Friendly’s restaurant chain out of bankruptcy
• Advises commercial landlords on lease rejection, assumption, and administrative claim matters in large Chapter 11 cases

Healthcare

• Represented equity holders and creditors in complex healthcare bankruptcy proceedings
• Assisted in hospital liquidation and reorganization matters

Oil & Gas

• Represents creditors and other creditors in oil and gas bankruptcy proceedings in Texas and throughout the United States
• Advises clients on strategic approaches to energy sector financial restructuring and distressed asset acquisitions

Real Estate

• Represents Chapter 11 trustees and senior lenders in real estate bankruptcy proceedings throughout the United States
• Advises landlords and secured creditors in complex real estate restructuring, lease disputes, and out-of-court workout matters

Aerospace & Manufacturing

• Represented the largest unsecured creditor in aerospace-related bankruptcy proceedings
• Successfully handled bankruptcy litigation for manufacturing entities, including significant appellate matters