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 […]
Although the benefits to becoming a nonsubscriber under the Texas workers' compensation system are manifold, employers who choose to become nonsubscribers do need to be aware of hurdles that the Texas Legislature put into place for those who choose […]
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 […]
Procedural rules are generally complex and confusing to non-lawyers, but Rule 202 of the Texas Rules of Civil Procedure must certainly befuddle them: "So I'm being sued to find out if I can be sued?" As such, a potential defendant could arguably […]
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 […]
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as "violent acts (including physical assaults and threats of assaults) directed toward persons at work or on duty." Violent crime in the workplace has become […]
Putting tact aside, many employees ask their co-workers how much they get paid. And for a variety reasons, many employers discourage their employees from disclosing or sharing wage or salary information with their co-workers. Some employers still have […]
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 […]
The case is In re BP RE, L.P., 2013 WL 5975030 (Nov. 11, 2013). The case involved BP RE, L.P. (“BPRE”) which filed Chapter 11 in the Bankruptcy Court for the Western District of Texas, Waco Division. BPRE filed state-court […]