Some Debts Are Not Dischargeable in Bankruptcy
It’s a common misconception that if someone files bankruptcy, all claims against them will be discharged leaving few assets to be split between creditors. In fact, several kinds of debts are not eligible for a discharge. A creditor or other party can file a complaint under Bankruptcy Rule 4007 [...]
Absurdity Doctrine Disfavored by the Courts
The Fifth Circuit and the Texas Supreme Court recently reaffirmed the high bar that must be met to find that the plain language of a statute violates the absurdity doctrine. Under the absurdity doctrine a court will construe a statute by applying the plain meaning of the words used unless [...]
How Attorney Immunity Protects Clients
Clients expect their attorneys to zealously represent them. To do so, lawyers must be free from concerns that others who are not their clients will second-guess them or sue them for taking legal actions on behalf of their clients. Fortunately for both clients and their lawyers, Texas lawyers are shielded [...]
Reducing Supersedeas Bonds
Back in 1985, a Texas jury awarded Pennzoil a record $10.53 billion against Texaco in a dispute over their battle to buy Getty Oil Co. Texaco appealed, but in order to suspend the judgment during appeal it would have had to file a bond, deposit, or other security equal to [...]
Dealing with a Vexatious Litigant
Texas courts are open to everyone. It normally costs around $400 in fees and other charges to file a lawsuit. But a person who can’t afford it can file an Affidavit of Indigency which permits them to file their lawsuit without paying a fee. See Tex. R. Civ. P [...]
