This is not a decision by the Fifth Circuit, but rather a dissent written by Judge Higginson and joined by Judges Stewart, Jolly, Davis, Dennis and Graves. They are dissenting from the Court’s decision not to take a previous matter back up […]
A divorce court entered a decree dividing up the assets of Michael Vernon Shankle and Dianne Shankle. Michael Vernon Shankle, contrary to the terms of the divorce decree, withdrew all funds from an investment account and spend them for his […]
Jason Binford and I recently 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 […]
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 […]
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 […]
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 […]
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 […]
James Whitley was a serial bankruptcy filer and all around bad guy. He is currently serving a life sentence for sexually harassing a minor. About a month prior to that conviction, his latest Chapter 13 bankruptcy case had been dismissed with […]
Prior to filing Chapter 7 bankruptcy, the debtor transferred assets to a trust. The debtor was the trustee of the trust. After the filing, the Chapter 7 Trustee sued the debtor (in his capacity as trustee of the trust) seeking to recover […]