ATexasBankruptcyLawyersBlog

Texas Bankruptcy Court Rejects Claim That Attorneys Were Non-Statotory Insiders

05/14/19

Last year, the Supreme Court ruled on a case involving a claim that a party was a non-statutory insider without ever deciding what legal test should apply. U.S. Bank National Association v. The Village at Lakeridge, LLC, 138 S.Ct.

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Fifth Circuit Rules In Favor of Attorney Immunity

04/29/19

When dealing with contentious litigation, I have occasionally had a client ask why we can't sue the opposing lawyer. When I try to explain that the other lawyer is merely representing his client, I get a tirade about how evil the other attorney is. The better answer, as shown by a recent Fifth Circuit opinion, is attorney immunity. Case No. 17-11464, Troice v. Greenberg Traurig, LLP (5th Cir. 4/17/19).

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Fifth Circuit Resolves Multi-State Perfection Puzzle

04/23/19

In a lesson that the Uniform Commercial Code is not always uniform between various states, the Fifth Circuit resolved a lien priority dispute pertaining to a Texas debtor who brought agricultural products in Oregon, Michigan and Tennessee. The opinion in a valuable primer in choice of law issues in UCC cases as well as how failure to strictly comply with state statutes can lead to loss of lien priority. Fishback Nursey, Incorporated v.

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NCBJ San Antonio: Highlights of Day 3

11/01/18

The final day of this year's NCBJ only included two panels so I don't need an introduction.

Twelve Years of Turbulence: Keynote by Gary Kennedy and Terry Maxon

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NCBJ San Antonio: Highlights of Day 2

10/31/18

On Day 2 of NCBJ San Antonio, I went for a run, laughed at a musical about ethics, listened to a debate over equitable mootness, went to a fraudulent conveyance program and listened to an economist predict the next recession.

An Early Morning Run and an Opportunity to Give Back

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NCBJ San Antonio: Highlights of Day 1

10/29/18

NCBJ 2018 opened in the historic Lila Cockrell Theater with current NCBJ president Judge Michael Romero belting out a welcome in song adapted from Cabaret.

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Rule 9006 Creates Trap for Date-Specific Deadlines

07/13/18

A debtor was liberated from an objection to discharge where the deadline was extended to January 15, 2018, which was Martin Luther King, Jr. Day and the objection was not filed until the next day. Smart-Fill Management Group, Inc. v. Froiland (In re Froiland), 18-1006 (Bankr. W.D. Tex. 7/6/18).

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How Would Supreme Court Nominee Brett Kavanaugh Approach Bankruptcy?

07/10/18

President Donald Trump has selected D.C. Circuit Judge Brett Kavanaugh to be his second Supreme Court nominee. A post describing his bankruptcy opinions would be very short. I could find only one opinion authored by Judge Kavanaugh arising out of bankruptcy court and that case dealt with equitable subrogation under the laws of the District of Columbia. Smith v. First American Title Ins. Co. (In re Stevenson), 789 F.3d 197 (D.C. Cir. 2015). This is not surprising given the D.C.

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