A trustee who sought "turnover" of amounts owed under a construction contract had an arbitration clause in that contract enforced against him. The Bankruptcy Court found that the bankruptcy exception to enforcement of an arbitration clause was ... Read full article
Texas Bankruptcy Judge Tony Davis had some sound advice for persons setting off on a business venture. In fact, his words should be mandatory reading in business schools and forums where would be business persons frequent. He wrote: When two ... Read full article
Western District of Texas Bankruptcy Judge Tony Davis has written a very helpful opinion on valuing a truck in a chapter 13 case. The ten page opinion is packed with extensive footnotes as well as practical guidelines. In the end, the valuation issue ... Read full article
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After sorting through conflicting precedents, Judge Craig Gargotta has ruled that a chapter 7 debtor who owned a homestead property on the date of bankruptcy and claimed the property as exempt did not lose the exemption when the property was sold and ... Read full article
Much state law regarding liens and property rights emerges from the Bankruptcy Courts because they are frequently the first to confront novel issues. Two recent opinions from the Western District of Texas bankruptcy judges confirm this trend. In one ... Read full article
A new opinion from Judge Tony Davis answers some interesting questions about recovery of attorneys' fees in dischargeability litigation. Schwertner Backhoe Services, Inc. v. Kirk (In re Kirk) , Adv. No. 11-1239 (Bankr. W.D. Tex. ... Read full article
Some of the recent decisions on Texas homesteads coming out of the courts have people wondering just what John Wayne fought and died for at the Alamo. The sanctity of the homestead along with the prohibition against garnishment of wages are two of the ... Read full article
From 1989 to 2007, Judges Larry Kelly and Frank Monroe occupied the bankruptcy bench in Austin, providing a period of judicial continuity rivaled only by their colleagues in San Antonio (Judges Leif Clark and Ronald King served at the same time from 1988 ... Read full article
Judge Tony Davis has authored an opinion which should be recommended reading for anyone litigating preference issues. The opinion encompasses the court’s rulings on both summary judgment and trial on the merits and touches on both procedural and ... Read full article
Judge Tony Davis has authored an opinion which should be recommended reading for anyone litigating preference issues. The opinion encompasses the court’s rulings on both summary judgment and trial on the merits and touches on both procedural and ... Read full article
From 1989 to 2007, Judges Larry Kelly and Frank Monroe occupied the bankruptcy bench in Austin, providing a period of judicial continuity rivaled only by their colleagues in San Antonio (Judges Leif Clark and Ronald King served at the same time from 1988 ... Read full article
Normal 0 false false false EN-US X-NONE X-NONE ... Read full article
