The Bankruptcy Discharge Injunction – How Creditors Can Avoid Getting Caught with Their Hands in the Cookie Jar

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts.  Such actions may result in severe penalties, sanctions and damages. This article goes over…

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Proceed With Caution! Understanding Ipso Facto Clauses In Bankruptcy

The phrase ipso facto is Latin for “by the fact itself.” Ipso facto clauses are sometimes included in lease and purchase contracts, and they assert that if the lessee or purchaser becomes insolvent, or files for bankruptcy protection, then the contract has been breached. In other words, under such a clause the very act of filing for bankruptcy protection constitutes…

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Decoding The Petroleum Marketing Practices Act (PMPA) As It Pertains To Bankruptcy

A gasoline retailer defaults on its obligations under an ongoing Franchise Agreement that it has with a brand name in the oil & gas industry. What steps are available to the franchisor to protect its economic interests in that particular station or station(s)? How about if the franchisee/retailer files for bankruptcy protection? As the Energy Capital of the World,…

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BNPC Attorneys Explain Merchant Cash Advances

Barbara Barron and Stephen Sather co-authored Why MCA?  Adding Havoc to Chaos in Vol. 33, Issue No. 3 (July/Aug./Sept. 2019) of Commercial Law World Magazine.   The article explains the relatively new phenomenon of merchant cash advances, which have been described as the merchant to merchant equivalent of consumer pay-day lending.   Ms. Barron & Mr. Sather…

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Texas Super Lawyers Recognizes Three Barron Newburger Attorneys

Manuel Newburger, Barbara Barron and Stephen Sather were each named to the 2019 edition of Texas Super Lawyers, a Thomson Reuters publication.   Mr. Newburger, who has been listed continuously since 2005, was honored as a Top Rated Class Action & Mass Torts Attorney.   Ms. Barron and Mr. Sather were both recognized as Top Rated Business…

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Robert Shannon Joins Barron & Newburger, P.C.

Robert “RJ” Shannon, a talented bankruptcy counsel has joined Barron & Newburger as an attorney in its Austin Office. RJ will join the firm’s Bankruptcy and Reorganization practice group, where he will focus on business reorganization and bankruptcy litigation. For the last three years, Mr. Shannon has represented debtors, committees, trustees and creditors in bankruptcy…

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Supposed Rejection of Arbitration Clause is Rejected

A clever debtor was nevertheless unsuccessful in trying to use the Bankruptcy Code to escape a well-drafted arbitration clause contained in a credit card agreement.  In Mines v. Galaxy Int;l Purchasing, Mines filed a putative class action contending that Galaxy violated Section 1692g(a)(2) of the FDCPA by failing to identify the current owner of his…

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