News & Resources

Drafting Arbitration Clauses That Keep You Out of Court

If an agreement includes a solid arbitration clause, arbitration can be a less expensive, more predictable option for dispute resolution compared to courtroom litigation....

Texas Increases the Jurisdictional Limits of the "People’s Court"

In Texas, the Court that typically deals with “small claim” – known commonly as the JP Court – has raised its jurisdictional limit from $10,000 to $20,000....

Repossession of Motor Vehicles in Advance of a Bankruptcy Filing - Mechanics Lien v. Mechanics & Materialman’s Lien

Clients often get confused when dealing with lien right, particular when they involve construction projections and vehicle repairs. As a titleholder in the state of Texas, a situation will inevitably arise where a mechanic, or other service provider...

Published Decisions

Published Decisions 2019...

Mr. Akerly to teach a class at SMU

Bruce Akerly has been asked to teach a Survey of Law class on Business Entities and Bankruptcy as part of the SMU CAPE program....

What Exactly is an Abstract of Judgment?

A lis pendens, on the other hand, is a document created by a party to litigation that typically involves a claim that may impact the rights of parties to real property. While lis pendens are recorded in the real property records of the county in whi...

Busting the Homestead Exemption - Constructive Trust/Abandonment

To prove abandonment generally requires a showing that the debtor discontinued use of the homestead through some overt act and intent to not return to the property....

Failure of A Lender to Correct a Curable Defect in Loan Documents May Result in Forfeiture of all Principal and Interest

The Fifth Circuit recently addressed the question of what happens when a lender fails to correct a curable defect in the loan documents that makes the loan unconstitutional in Texas....

The Small Business Reorganization Act of 2019 Makes Chapter 11 a Better Option for Many Small Business Debtors

On August 26, 2019, the administration signed into law the Small Business Reorganization Act ('SBRA'), which will go into effect on February 22, 2020....

In the News

Akerly Law PLLC Associate, Carrie R. McNair, has returned to Law School, only this time as a Legal Writing Professor at the University of North Texas College of Law in Dallas....

Stanford - Ponzi Scheme Settlements Versus Private Investors

Richard Stanford bilked his investors for over $132 million in a massive Ponzi scheme. He promised exceedingly high rates on certificates of deposits and used funds collected from subsequent investors to fund his criminal enterprise....

What Exactly Does "Close of Business" Mean?

Frequently, a party will require some action “by the close of business” (COB). What does that mean? While there does not appear to be a case in the United States dealing with this issue, commercial law and a case that reached the UK's equivalent of...

Does a PACA Trust Give Rise to an Actionable Fiduciary Capacity Claim Under § 523(A)(4) of the Bankruptcy Code?

Section 523(a)(4) of the Bankruptcy Code exempts from discharge a debt “for fraud or defalcation while acting in a fiduciary capacity.” ...

Deciphering the Cryptic World of Cryptocurrency in Bankruptcy

The chances that a cryptocurrency will be an asset in a bankruptcy estate are ever growing....

Is Two Years Into a Lawsuit Too Long of a Delay to File a Motion to Compel Arbitration?

Debtors filed an adversary proceeding in their Chapter 13 bankruptcy against their mortgage company. The suit was pending for two years before the mortgage company filed a motion to compel arbitration as was permitted in the Debtor’s loan documents....

New Associates

Michael D. Gorman and Carrie R. McNair have joined Akerly Law PLLC as associates. Michael’s practice includes bankruptcy and litigation. Carrie’s practice includes appeals, business law and litigation....

Can (and Should) a Creditor Receive an Unsecured Claim for Post-petition Contractual Attorneys' Fees?

As a rule, attorneys’ fee claims in bankruptcy are covered by two provisions of the Bankruptcy Code, 11 U.S.C. §§502 (“allowance of claims or interests”) and 506 (“determination of secured status”)...

Supreme Court Unanimously Adopts an Objective Standard for Discharge Violations

In Taggart v. Lorenzen, the question before the court concerned the legal standard for holding a creditor in civil contempt when the creditor attempts to collect a debt in violation of the bankruptcy discharge order....

Is it a Violation of Fair Credit Reporting Act (FCRA) For a Debt Collector to Access a Credit Report Post-Discharge?

The FCRA prohibits obtaining a credit report on a debtor unless it is “for a purpose for which the [credit] report is authorized”. Debt collection has been held to be a permissible reason for obtaining a credit report....

Is Denial Of Student Loan Debt Under Section 523(a)(8) Of The Bankruptcy Code An “All-Or-Nothing” Proposition?

In a recent decision out of the US District Court for the District of Kansas, Educational Credit Management Corporation v. Metz, the District Court upheld a bankruptcy court’s decision to authorize discharge of interest on a student loan while leavi...

Is a Judgment Lien Extinguished When the Personal Debt in Issue is Discharged in Bankruptcy (Revisited)?

In Texas, recordation of an abstract of judgment in the real property records of the county in which a debtor has real property creates a lien in favor of the creditor against such property....

Supreme Court Holds the FDCPA Does Not Apply to Nonjudicial Foreclosures

The United States Supreme Court unanimously held that a person engaged in nonjudicial foreclosure proceedings is not a debt collector under the federal Fair Debt Collection Practice Act (“FDCPA”). 15 U.S.C § 1962a(6), where “debt collector” is define...

In the News

In the news July 2019...

Dischargeability of Debts Obtained by Oral Misrepresentation

On June 4, 2018, the Supreme Court of the United States decided Lamar, Archer & Cofrin, LLP v. Appling and held that single-asset statements qualify as statements respecting the debtor’s financial condition for purposes of Bankruptcy Code § 523(a)(2)...

What Does it Mean to "Charge Off" an Account?

Can you sue or be sued on an account that has be “charged off”? To “charge off” is to treat an account “as a loss or expense because payment is unlikely.” ...

Puerto Rico - Tax on Legal and Financial Services

The bankruptcy of the Commonwealth of Puerto Rico is unfolding as one of the biggest public bankruptcies in the United States. Puerto Rico has roughly $72 billion in debt and an additional $50 billion that it owes in pensions to its public employees....

When is a Pre-payment Penalty Recoverable by a Secured Creditor After a Bankruptcy Case is Filed?

As a general proposition, once a bankruptcy petition is filed, interest is not permitted to accrue on a pre-petition debts. One exception to this rule is when the debt is secured by a pledge of collateral and the value of the collateral exceeds the ...

Physical Posession May Be Essential to Reclaimation Priority

Under the Uniform Commercial Code, a seller of goods to an insolvent buyer may be entitled to reclaim possession of the goods if certain requirements are met, like written demand within 10-days of delivery....

Mr. Akerly to speak at ACA International Annual Convention in July 2018

Mr. Akerly has been selected to participate in a panel at the ACA International’s annual convention in Nashville, Tennessee on July 25, 2018. The topic of the presentation will be “A Collection Country 2 Step- Exploring Reasonable Investigations Und...

Mr. Akerly to speak at Texas Advance Paralegal Seminar

Mr. Akerly has been asked to speak and present a paper at the Texas Advanced Paralegal Seminar on September 27, 2018, entitled “The Paralegal’s Role in Bankruptcy: How to Read And Understand Schedules and Statements of Financial Affairs, BR 2004 Exam...

Mr. Akerly to participate on a panel at the conference of the Receivable Management Association

Mr. Akerly to participate on a panel at the conference of the Receivable Management Association...

Mr. Akerly selected as 2017 Super Lawyer

Mr. Akerly was, again, selected by his peers as a Super Lawyer for 2017 (Texas Monthly)...

New publication published an article in the Texas Landscape and Nurseryman’s Association Green Magazine

In the last quarter of 2017 Mr. Akerly (with the assistance of associate Cooper Walker) published an article in the Texas Landscape and Nurseryman’s Association Green Magazine entitled The Texas Agricultural Product Lien Statute – A Necessary Tool To...

Mr. Akerly presents to the North Texas Estate Planning Council

In 2017, Mr. Akerly presented a paper entitled How To Bust A Trust to the North Texas Estate Planning Council and the Rio Grande Valley Estate Planning Counsel...