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Robert J. Haupt

Robert Haupt is an experienced bankruptcy and commercial litigation attorney. His experience includes confirmed numerous Chapter 11 and 12 bankruptcy cases, resolving restructuring involving franchise disputes, successfully resolving multiple RICO claims asserted against multi-national corporations participating in mortgage fraud, brought on behalf of various lending institutions.

Over the course of his legal career, Robert has represented a wide spectrum of clients, from some of America's largest companies in bankruptcy and other litigation matters, to individuals asserting civil rights claims against state and federal government agencies. 

Robert co-founded the National Litigation Law Group, a firm organized to provide low-cost, high-volume, focused representation to consumers during times of financial distress. 

Prior to attending law school, Robert had a career in the real estate and hospitality industry, developing and operating, residential developments, hotels, resorts, golf courses, vacation rental companies. Robert has served as a receiver over hospitality related properties and as an expert witness in matters throughout the United States.

Representative Experience

  • Served as first-chair attorney in nearly 20 federal and state jury trials.
  • Successfully represented large group of victims in Civil Rights and Civil RICO claims against corrupt governmental body.
  • Successfully represented number family farmers in Civil Rights claims against the United States of America and in Chapter 12 reorganizations.
  • Represented parties in more than $100 million of real estate transactions.
  • Appeared in state and federal courts in civil litigation matters in more than 30 U.S. States and Territories
  • Represented multiple parties in matters and in oral arguments before the U.S. Court of Appeals for the 10th Circuit including defendants in an adversary action which challenged claims by a state securities department, that our clients were engaged in a Ponzi Scheme. Successfully argued before the U. S Court of Appeals for the 10th Circuit under 11 U.S.C. Section 523(a)(19) the limits of the scope of the section relieving our clients of additional liability.
  • Served on the Editorial Board of the ABA Bankruptcy Litigation report from 2005-2010, and was a frequent contributor to articles in it on issues ranging from the above described 523(a)(19) issue, to issues related to Net Present Valuation calculations.
  • Served as counsel for a global takeout lender who suffered the failure of the anticipated planned end lending facility. While initial loss reserves were established in excess of $230 million, eventual losses were recognized of less than $32 million.  The collateral was challenged as being largely personal property and enterprise value of food service businesses. The representation involving highly aggressive representation of the client with assets and concurrent litigation in more than 20 states and involving dozens of borrowers. This was a nearly 10 year representation that resulted in a wrap-up of the investment fund and was considered to be highly successful.
  • Served as a receiver of a golf-course/real estate developer assisting in finding new capital and restructuring the debtor of the developer
  • Served as counsel in an investor derivative lawsuit involving upscale hotel properties in multiple states in which the risk of losing the franchise affiliation was imminent and trust between investors and management was severely challenged. The receivership allows a ‘safe’ period during which the relationships were stabilized and the operations stabilized.
  • Served as receivers in retail operations, hospitality (resorts, hotels, golf courses) in federal and state actions throughout the United States.
  • Represented a Chapter 11 debtor that was a large regional provider of fluid transportation services for oil field drilling companies. The debtor has purchased its company soon before the 2008 – 2009 downturn, from a promoter who had misrepresented the scope of the liabilities and overstated the assets. The individual owners and the company were liable for consider tax obligations. The result was a restructured company, downsized to a level were reorganization could be accomplished with new capital. The reorganization was successful.
  • Represented a Chapter 11 debtor that was the owner of a significant national restaurant brand with operations throughout the country. There was considerable pressure from diverse credit facilities with varied interests and goals. This operation was downsized with a spinoff of various operations in a market-specific approach, in some cases, closing stores, in others, rebranding stores, and in others, successfully selling participate markets. The reorganize was successful and the reorganized company continues today as an entirely rebranded construct.
  • Served as counsel to many close-held businesses with debts ranging from $10 – 100 million. In many of these instances, internal controls and management were placed to guide the clients through the restructuring process. Many of these result in negotiated reorganizations outside of the bankruptcy context.

Presentations

  • Speaker, Business Contracts: What you DIDN'T Learn in Law School (Negotiation Techniques You Won't Learn in Law School, Legal Ethics of Contracts and Negotiations), National Business Institute, June 24, 2020
  • Speaker, Preparing for Franchisee Bankruptcies in a COVID-19 WorldLathrop GPM Webinar, May 27, 2020
  • Speaker, Compliance and Technology Issues, Information Warfare Summit 11, InfraGard Oklahoma Members Alliance, October 3, 2018
  • Speaker, Primer on Consumer Bankruptcy for Non-Bankruptcy Practitioners, Oklahoma County Bar Association, 2012
  • Speaker, Negotiating Commercial Leases, Chapter on Impact of Bankruptcy, Oklahoma Bar Association Continuing Legal Education, 2009
  • Speaker, Negotiating and Drafting Acquisition Agreements in Oklahoma, Oklahoma Bar Association Continuing Legal Education, 2003

Publications

  • Author, Are You Ready for the Coming Recession?, Missouri Hotel & Lodging Association Newsletter, December 2018
  • Author, An Open Response to a Recent Presidential Order, Daily OklahomanJanuary 31, 2017
  • Co-Author, Oklahoma Chapter, Trigild Guide to Receivership & Foreclosure, 2012 - 13 editions
  • Author, Tomorrow May Be Too Late, Journal RecordSeptember 20, 2012
  • Co-Author, A Weapon Unused: Offers of Judgment under 12 Okla. Stat. § 1106 - Forgotten, Misunderstood and Unused, Oklahoma Bar Journal, September 3, 2011
  • Co-Author, Nations Thirst for a Place at the Table, Journal Record, October 21, 2010
  • Co-Author, Is it a raft or a shark? (11 U.S.C. § 523(a)(19) Application to denial of discharge to securities law violators — broad or narrow construction?), Bankruptcy Litigation, Summer 2009
  • Author, Negotiating Commercial Leases, Sterling Education Services, Inc., August 6, 2009
  • Author, Net Present Discount Valuation and Application in Bankruptcy, Bankruptcy Litigation, Winter 2009
  • Author, Three Essays on Family Law: Tender years doctrine revisited, Oklahoma County Bar Briefcase, April 2008
  • Author, Three Essays on Family Law: If I am going to lose my arm, then cut it off quickly, Oklahoma County Bar Briefcase, March 2008
  • Author, Three Essays on Family Law: A kinder, gentler divorce? Or just common sense?, Oklahoma County Bar Briefcase, February 2008
  • Author, Founders Sought Real Separation, Daily Oklahoman, March 25, 2005
  • Author, Critic's Miss the Court's Point, Daily Oklahoman, July 9, 2003
  • Co-Author, Negotiating the Drafting Acquisition Agreements in Oklahoma, National Business Institute, June 20, 2003
  • Author, A Question on Wine, Oklahoma County Bar Briefcase, April 2003
  • Author, Thoughts on Long Term Rentals, Hotel Business, January 2003
  • Author, Never Lay a Salmon on the Ground with his Head Toward the River - State of Washington Sues Yakamas Over Alcohol Ban, American Indian Law Review, University of Oklahoma, February 2002

Professional Affiliations

  • American Arbitration Association, Approved Arbitrator
  • American Bar Association, Business Litigation Section, Forum Committee on Franchising, Business Law/Business Bankruptcy Committee, Litigation Committee, Labor and Employment Law Committee
  • American Bankruptcy Institute 
  • Federal Bar Association
  • Federal Court of Claims Bar Association 
  • Oklahoma Bar Association, Access to Justice Committee, 2017 - Present 
  • Oklahoma County Bar Association, Bankruptcy Section, President 2009-2010
  • Oklahoma City University School of Law, Executive Board, 2002-2005; 2017 - Present; Alumni Association, President, 2007-2008
  • American Lodging Association, Certified Hotel Administrator, since 1987

Honors

  • Martindale-Hubbell® "AV Preeminent" Rating  
  • Selected among The Best Lawyers in America®, Bankruptcy-Litigation; Land Use and Zoning-Litigation, 2012 - Present
  • Selected for Missouri/Kansas Super Lawyers, 2018
  • Selected for Oklahoma Super Lawyers, 2010 - Present
  • Central Oklahoma Association of Legal Assistants, Attorney of the Year, 2011
  • Oklahoma County Bar Association, Leadership in Law Award, 2009
  • Oklahoma City University School of Law, Alumni Association Service Award, 2001
Photo of Robert J. Haupt
  • Overland Park

    10851 Mastin Boulevard
    Building 82, Suite 1000
    Overland Park, KS 66210-1669
  • Kansas City

    2345 Grand Blvd.
    Suite 2200
    Kansas City, MO 64108
F: 816.292.2001

Assistant

Kellie Bennett
816.460.5334

Court Memberships

State Admissions/Licenses

  • Alaska
  • Arkansas
  • District of Columbia
  • Georgia
  • Iowa
  • Kansas
  • Kentucky
  • Minnesota
  • Missouri
  • New York
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Tennessee

Federal Court Admissions

  • United States Supreme Court
  • U.S. Tax Court
  • U.S. Court of Federal Claims
  • U.S. Courts of Appeal for the Fifth
  • Eighth and Tenth Circuits

Federal District Court Admissions

  • Alaska
  • Arkansas (Eastern and Western)
  • Georgia (Northern)
  • Illinois (Northern, Central and Southern)
  • Kansas
  • Michigan (Eastern and Western)
  • Missouri (Eastern and Western)
  • Nebraska, New Mexico
  • New York (Northern and Western)
  • North Dakota
  • Ohio (Northern)
  • Oklahoma (Northern, Eastern and Western)
  • Texas (Northern, Eastern, and Western)
  • Wisconsin (Eastern and Western)

Federal Bankruptcy Court Admissions

  • Alaska
  • Arizona
  • Arkansas (Eastern and Western)
  • Georgia (Northern)
  • Illinois (Northern, Central and Southern)
  • Kansas
  • Massachusetts
  • Michigan (Eastern and Western)
  • Missouri (Eastern and Western)
  • Nebraska
  • New Mexico
  • New York (Northern and Western)
  • North Dakota
  • Ohio (Northern)
  • Oklahoma (Northern, Eastern and Western)
  • Texas (Northern, Eastern, and Western)
  • Wisconsin (Eastern and Western)

Education

Oklahoma City University, J.D., with high honors, 2000

University of Chicago, M.A. in Social Sciences, 1983

Seinan Gakuin University, Diploma in Japanese Studies, 1981

Oklahoma Baptist University, B.A., magna cum laude, 1980