This construction defect case centered around a homeowner's allegations that the foundation and drainage of his home was out of code compliance and defective. The Texas Residential Construction Liability Act ("RCLA") governs disputes such as this […]
The detailed facts of this case aren’t particularly relevant. The issue was whether the district court has jurisdiction to hear an appeal filed after the 14 day period in Rule 8002. The Fifth Circuit has not had an opportunity to address […]
A key issue in commercial litigation is determining whether the claims to be asserted are within the scope of an arbitration agreement. An arbitration provision might broadly include all disputes in connection with the contract or narrowly cover only […]
Business owners and professionals of all kinds do not need to be told how damaging a negative online review can be. Online reviewers can impact a business more than ever in today's digital world and no one is policing what customers post online or […]
Once a debtor or trustee establishes a transfer is a preferential transfer, the burden falls upon the creditor to establish one or more of the defenses to avoidance set forth in Bankruptcy Code section 547(c), such as the "ordinary business terms" defense […]
Now that the ordinary business terms defense stands on its own as an independent defense, courts are compelled to focus specifically on whether the ordinary business terms test has been satisfied. As before, the burden is on the creditor to establish […]
The 2014 NCAA Men's Division I Basketball Tournament, affectionately referred to as "March Madness," begins today. The NCAA Tournament garners millions of viewers and advertising dollars. Along with March Madness comes office betting pools related […]
Joseph Coleman speaks on Loan to Own Panel Discussion presented to DFW Chapter of Turnaround Management Association event, hosted by Deloitte-CRG. Mr. Coleman served as "Debtor's Counsel" in the mock trial panel presentation along with William Snyder […]
Joseph Coleman speaks on Structured Dismissals and Conversions: The Reality of Dealing with Post Sale Case Administration, 31st Annual Advanced Business Bankruptcy Course in Houston, TX (February 20-21, 2014); Mr. Coleman's Panel Discussion included […]
Energytec owned a pipeline system. Newco Energy had an agreement with Energytec whereby Newco was paid a “transportation fee” based on the amount of gas that flowed through the pipeline. Energytec filed Chapter 11 bankruptcy and […]
Under the pre-October 2005 version of Bankruptcy Code section 547(c)(2), a creditor wishing to shield a transfer from avoidance using an "ordinary course" defense had to prove, by a preponderance of the evidence, that the preferential transfer was: ( […]
It is very common to include a provision in a settlement agreement that the terms of the settlement shall remain confidential. Employers have an obvious interest in not making this information readily known to other current and prospective employees […]