Throughout his career, Mr. McDonald has served in General Counsel roles, assisting businesses in dealing with everyday issues as well as strategic planning. His experience in this area ranges from contract negotiation and drafting, to negotiating and obtaining financial arrangements and acquisitions to coordinating real estate matters for manufacturing, retail, energy, and other businesses. He has also similarly represented individuals, investors, and business owners in a wide variety of matters.
In addition to development of the business advisor aspect of his practice, Mr. McDonald has developed experience and expertise which mark him as a regional leader in business resolution of disputes and corporate restructuring matters in and out of court. Mr. McDonald is equally comfortable in a corporate boardroom or a federal courtroom, seeking to develop practical and cost-effective solutions to the challenges which face business or individuals.
Areas of Practice:
- Corporate and Commercial Transactional Matters
- Commercial Litigation
- Creditors’ Rights and Bankruptcy
- Creditor Work Outs/Restructuring
- Mediation
Education:
- University of Arkansas, Fayetteville, Arkansas, Juris Doctor
- Member of Arkansas Law Review
- University of Arkansas, Fayetteville, Arkansas, Bachelor of Arts
Representative Experience
During a 40 plus year career, Mr. McDonald has represented individuals and businesses as investors, creditors, secured creditors, lenders and debtors in a broad range of industries including:
- Automotive Manufacturing (tier one)
- Aviation Cases of Major Airlines
- Grocery Retail
- Wholesale Distribution
- Oil & Gas Business, including
- Production
- Transportation and Marketing
- Petroleum Engineering
- Natural Gas Gathering Systems
- Production Payments/Royalty
- Major Mercantile Retail Chains
- Financial Services
- Commercial Real Estate
- Real Estate Development
- Manufacturing
- Medical Technology
- Steel Mill Production
- Transportation Industry
Insolvency and Distressed Business Experience
Mr. McDonald has developed expertise in, and gained confirmation of, Committee Plans for the benefit of creditors in a number of Chapter 11 cases. He has successfully represented Creditors Committees including:
- Official Committee in the Sheffield Steel Case, a steel mini-mill in the United States Bankruptcy Court for the Northern District of Oklahoma
- Official Committee in the J.P. EMCO case in the United States Bankruptcy Court for the Western District of Oklahoma
- Official Committee in the Camrose Technologies, L.L.C. bankruptcy case in the United States Bankruptcy Court for the Western District of Oklahoma
- Official Committee as co-counsel in the Hale-Halsell Company case in the United States Bankruptcy Court for the Northern District of Oklahoma
The Hale-Halsell Company involved a large wholesale grocery distribution network, in which the Committee filed and confirmed a Plan of Liquidation creating a Creditors Trust for administration of the Plan. The Creditors Trust provided distributions of approximately one hundred twenty-five percent (125%) of claims to unsecured creditors. The Firm represented the Hale-Halsell Creditors Trust post-confirmation through final distribution.
Mr. McDonald represented the Creditors Committee in Osage Crude Oil Purchasing, Inc. and recovered nearly 100 cents on a dollar for Creditor Claims. Recovery in this case resulted largely from successful litigation by the Committee, led by Mr. McDonald, against one of Oklahoma’s major banking institutions on a preference/fraudulent transfer theory resulting in a multi-million dollar recovery.
Mr. McDonald has had the opportunity to see the challenges that face a Committee from the inside as a member of the Committee in the Piper Aircraft bankruptcy case in the Middle District of Florida. The successful reorganization of Piper included addressing novel and complex issues related to possible future injury claims, and the Committee worked with the Debtor and industry leaders in an effort that resulted in Piper’s successful reorganization.
Classes/Seminars Taught:
- Frequent Seminar Lecturer, Creditors’ Rights
- Key Note Address to MidCon Expo ’09 Oil and Gas Conference, Oklahoma City, Oklahoma, sponsored by the Oklahoma Independent Producers Association
Honors and Awards:
- Best Lawyers in America, Bankruptcy Law and Creditors Rights, 1987-2022; Banking Litigation, 2012-2022
- ‘AV’ Martindale-Hubbell Peer Review Rating
- SuperLawyer Designation
Professional Associations and Memberships:
- Oklahoma and Tulsa County Bar Associations
- American Bankruptcy Institute
Court Admission:
- Oklahoma
- Arkansas
- All United States District Courts in Oklahoma
- Third Circuit Court of Appeals
- Tenth Circuit Court of Appeals
- United States Supreme Court
Court Appointments:
Mr. McDonald has served the Courts as a member of Committees to revise Local Rules, as a Court appointed Special Master/Expert, and on occasion has assisted in mediation of matters at the Court’s request.
