A recent, troubling decision by the United States Bankruptcy Court for the Southern District of California in Gladstone v. Bank of America (In re Vassau) concluded that alleged preferential payments made to a fully secured creditor might be recovered […]
On March 26, 2014, Peter Sung Ohr, the National Labor Relations Board’s (“NLRB”) Regional Director in Chicago, ruled that football players at Northwestern University were properly classified as employees of the University and, therefore, had the […]
Rolex sued Harry P. Goaz in federal court for various causes of action related to Rolex’s allegation that Goaz sold and distributed fake Rolexes. Before the District Court was able to rule on a Rolex summary judgment motion, Goaz filed bankruptcy […]
Debtor Mark Alan Frost filed bankruptcy, claimed his homestead as exempt and then sold it. Texas law provides that, to maintain homestead protection, a homeowner must reinvest sale proceeds in another homestead within six months. Frost failed […]
It's not just your own employees that can get you sued for harassment. An employer can be sued for sexual third party harassment arising out of conduct committed by customers, suppliers, joint venturers, and other third parties that interact with their […]
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 […]
On April 1, 2014, the National Labor Relations Board (NLRB) issued an order that an employer’s rules prohibiting employees from making negative comments about fellow employees and requiring employees to positively present the employer violated the […]
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. […]