On Friday, the Texas Supreme Court clarified and limited the application of constitutional requirements that legally restrict home equity loans. Specifically, the Court ruled that Article XVI, Section 50 of the Texas Constitution does not apply to restructured […]
M&F alleged that it obtained a perfected security interest in accounts receivable of Fish & Fisher. Fish & Fisher later obtained a significant arbitration award against one of its clients and hired Coxwell to hold the award in trust […]
Jason Binford and John Kane published an article in the Texas Tech Law Review entitled, Farmer Favoritism: Statutory Protections for Creditors in Agricultural Bankruptcy Cases. The article discusses several different types of special interest statutes […]
Green Hills Development executed a promissory note to Credit Union Liquidity Services (CULS) for $14.5 million, secured by certain real estate. Green Hills Development later fell behind on the note and failed to pay the balance at maturity. […]
R.E. Loans (“REL”) raised funds to make real estate secured loans to real estate developers. In July 2007, REL entered into a senior secured credit facility with Wells Fargo. In November 2007, REL and its member-investors entered […]
Although the benefits to becoming a nonsubscriber under the Texas workers' compensation system are manifold, employers who choose to become nonsubscribers do need to be aware of hurdles that the Texas Legislature put into place for those who choose […]
The debtor executed a promissory note in favor of lender. The note has a clause allowing for acceleration of the debt upon default and another clause providing for a prepayment penalty. The acceleration clause said that upon a default the […]
Procedural rules are generally complex and confusing to non-lawyers, but Rule 202 of the Texas Rules of Civil Procedure must certainly befuddle them: "So I'm being sued to find out if I can be sued?" As such, a potential defendant could arguably […]
This is the latest in several Lothian Oil matters that have been heard by the Fifth Circuit in the last several years. Lothian Oil filed Chapter 11 in 2007 and confirmed a plan in 2009. Thereafter, an unofficial committee of shareholders, […]
Kollinger was a Chapter 7 debtor who had a judgment rendered against him in an adversary proceeding. His lawyer timely filed a notice of appeal and timely designated the record. But, once the appeal was docketed, his attorney did not timely file […]
For franchisees, weathering a franchisor bankruptcy filing requires preparation, including obtaining a working knowledge of the particular issues raised in such a filing. To learn more, click on the link below to an article recently published […]
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as "violent acts (including physical assaults and threats of assaults) directed toward persons at work or on duty." Violent crime in the workplace has become […]