Category Archives: Uncategorized

MARCH 2018 Meeting – Debtor’s Attorneys’ BEST PRACTICES

The monthly meeting for March,  2018 will be held on Tuesday,  March 27th, 2018 at the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

 

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Debtor’s Attorneys’ BEST PRACTICES PRESENTATION:

This month, Heidi McLeod, Jessica Hanzlik, and Chance McGee will be presenting “Client Management from Start to Finish” a round table discussion of client management issues and best practices from intake/screening, through the bankruptcy process, and through termination of the representation (which may or may not be coterminous with the case).

 

 

FEBRUARY 2018 Meeting – ETHICS PRESENTATION, SBOT

 

 

Newletter for February, 2018

 

The monthly meeting for February,  2018 will be held on Tuesday,  February 27, 2018 at the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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Presentation for February is: Ellen Pitluk  and Stephanie Strolle  from the  State Bar of Texas and their presentation is titled  “Prevention vs. Prosecution” (ethics).

 

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SBOT  TEXAS LAW CENTER

 

Yes, friends, this includes the required, and much sought after, ETHICS HOUR, so please make plans to attend next Tuesday.

 

 

 

 

Image used with permission, courtesy:  https://commons.wikimedia.org/wiki/File:TexasLawCenter.JPG

 

JANUARY 2018 Meeting – CHAPTER 7 TRUSTEES’ PANEL

 

The monthly meeting for January,  2018 will be held on Tuesday,  January 22, 2018 at the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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The presentation for January, 2018 will be a Chapter 7 Trustees’ Panel

Current Chapter 7 Trustees taking assignments in the San Antonio Division of the Western District of of Texas are:

 

John Patrick Lowe, Chapter 7 Panel Trustee
218 North Getty Street
Uvalde, Texas 78801
(830) 278-6271

Randolph N. Osherow, Chapter 7 Panel Trustee
342 West Woodlawn, Suite 100
San Antonio, Texas 78212
(210) 738-3001

Jose C. Rodriguez, Chapter 7 Panel Trustee
342 W. Woodlawn, #103
San Antonio, Texas 78212
(210) 738-8881

Johnny W. Thomas, Chapter 7 Panel Trustee
St. Paul Square
1153 East Commerce
San Antonio, Texas 78205
(210) 226-5888

 

 

 

 

 

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Source of information: http://www.txwb.uscourts.gov/san-antonio-trustees

 

 

 

 

JANUARY 2018 Meeting – CHAPTER 7 TRUSTEES’ PANEL

The monthly meeting for January,  2018 will be held on Tuesday,  January 22, 2018 at the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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The presentation for January, 2018 will be a Chapter 7 Trustees’ Panel

Current Chapter 7 Trustees taking assignments in the San Antonio Division of the Western District of of Texas are:

John Patrick Lowe, Chapter 7 Panel Trustee
218 North Getty Street
Uvalde, Texas 78801
(830) 278-6271

Randolph N. Osherow, Chapter 7 Panel Trustee
342 West Woodlawn, Suite 100
San Antonio, Texas 78212
(210) 738-3001

Jose C. Rodriguez, Chapter 7 Panel Trustee
342 W. Woodlawn, #103
San Antonio, Texas 78212
(210) 738-8881

Johnny W. Thomas, Chapter 7 Panel Trustee
St. Paul Square
1153 East Commerce
San Antonio, Texas 78205
(210) 226-5888

MonopolyCard2

 

November 2017 Meeting – STATE OF THE DISTRICT and Caselaw Update by Chief Judge Ronald B. King

The monthly meeting for November, 2017 will be held on Tuesday, November 28, 2017 at  the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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The presentation for November is the STATE OF THE DISTRICT and Caselaw Update by Chief U.S. Bankruptcy Judge Ronald B. King

United States Bankruptcy Court for the Western District of Texas

 

 

 

 

 

 

 

 

Source of picture: http://www.txwb.uscourts.gov/

 

 

October 2017 Meeting – Caselaw Update by the Honorable Craig A. Gargotta, U.S. Bankruptcy Judge

The monthly meeting for October, 2017 will be held on Tuesday, October 24, 2017 at  the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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The presentation this month will be a Caselaw Update by the Honorable Craig A. Gargotta, U.S. Bankruptcy Judge.

 

Judge Gargotta

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Case Update:

This is the CASE SUMMARY:  Case Summaries_2017_Final

The following are copies of the Western District opinions that Judge Gargotta will be discussing.

16-01102-tmd_Satija_v. United States Of America Internal Revenue Service_2017-06-14_231209

16-51059-cag_Waheeda_T Kara_2017-07-13_231003

16-60352-rbk_Kelly_Diane Pustejovsky_2017-09-01_230752

12-11580-cag Valence – ROTH

16-01062-tmd_Prado_v. Erickson et al_2017-09-29_230943-2

Viegelahn v. RBFCU Opinion 16-05097_KD

16-50557-rbk_Buffets,_LLC and Hometown Buffet, Inc._2017-09-18_230810-3

17-01052-hcm_Lain_v. Watt et al_2017-08-24_230750

In addition to discussing these opinions, he will be reviewing the following bankruptcy Cases at the United States Supreme Court:

(no links)

Cert. granted:

15-1509: U.S. National Bank Association v. Village at Lakeridge (Lower Court Decision: Village at Lakeridge, LLC v. Rabkin, 814 F.3d 993 (9th Cir.))
16-784: Merit Management Group v. FTI Consulting(Lower Court Decision: FTI Consulting, Inc. v. Merit Mgmt. Grp., LP, 830 F.3d 690 (7th Cir. 2016)).

Cert. denied:

16-1136: Leslie v. Hancock Park Capital II, L.P. (In re Fitness Holdings Int’l, Inc.) (Lower Court Decision: Leslie v. Hackcock Park Capital II (In re Fitness Holdings Int’l, Inc.), 660 Fed. Appx. 546 (9th Cir.)).

16-1236: Quinn v. City of Detroit (In re City of Detroit) (Lower Court Decision: Ochadleus v. City of Detroit (In re City of Detroit), 838 F.3d 792 (6th Cir.)).

 

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Thanks to Kristie Duchesne, Law Clerk for the Honorable Craig A. Gargotta,  for compiling and forwarding the above cases and summary.

 

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About

Judge Craig Gargotta

EDUCATION

B.A., History, Texas A&M University – 1981

M.A., History, Texas A&M University – 1984

J.D., St. Mary’s School of Law – 1989

PROFESSIONAL ACTIVITIES

United States Bankruptcy Judge, October 1, 2007 – present

Assistant U.S. Attorney, San Antonio, Texas, 1990-2007

Editor-in-Chief, The Federal Lawyer, 2001-2008

Contributing Editor, American Bankruptcy Institute Journal, 1993-2007

Adjunct Professor of Legal Writing, St. Mary’s School of Law, 2002-2006

Contributing Editor, The San Antonio Lawyer, 1997-2001

President, San Antonio Chapter of the Federal Bar Association, 1996-1998

Law Clerk to United States Bankruptcy Judge Ronald B. King, Western District of Texas, 1989-1990

LAW RELATED PUBLICATIONS AND HONORS

Speaker – Department of Justice Seminars regarding bankruptcy, legal writing and trial advocacy, 1997-2007.

Speaker – bankruptcy seminars with the State Bar of Texas, University of Texas Law School, American Bankruptcy Institute, Federal Bar Association, and San Antonio Bankruptcy Bar.

Judge Gargotta has written over 20 columns for the ABI Journal and published a law review article in the American Bankruptcy Institute Law Review in 2003. In addition, he has published roughly 25 columns or articles in other publications such as The San Antonio Lawyer, The Federal Lawyer, In Bankruptcy (a DOJ publication), and the United States Attorneys Bulletin.

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Twenty – Five Most Recent Opinions of Judge Gargotta:

 

16-05097-cag_Viegelahn_v. Randolph Brooks FCU et al_2017-10-12_230814.pdf 10-13-2017
12-12371-tmd_Michael_Edward Quigley and Francine Gilmore Quigley_2017-10-10_230818.pdf 10-11-2017
16-01062-tmd_Prado_v. Erickson et al_2017-09-29_230943.pdf 09-30-2017
17-51137-cag_Pamela_Hutchings_2017-09-19_230803.pdf 09-20-2017
16-50557-rbk_Buffets,_LLC and Hometown Buffet, Inc._2017-09-18_230810.pdf 09-19-2017
16-60352-rbk_Kelly_Diane Pustejovsky_2017-09-01_230752.pdf 09-02-2017
17-01052-hcm_Lain_v. Watt et al_2017-08-24_230750.pdf 08-25-2017
16-50026-cag_Carl_N Merkle_2017-08-15_230841.pdf 08-16-2017
17-07002-tmd_American_Standard Energy, Corp., A Nevada Corp. et v. Geronimo Holding Corporation et al_2017-08-08_230854.pdf 08-09-2017
17-50814-cag_Jose_Francisco Ortiz-Peredo and Lilia Guadalupe Lopez_2017-07-18_230931.pdf 07-19-2017
16-50026-cag_Carl_N Merkle_2017-07-14_230813.pdf 07-15-2017
16-51059-cag_Waheeda_T Kara_2017-07-13_231003.pdf 07-14-2017
16-11384-tmd_Frederick_Leland Stanford and Deborah Lynn Stanford_2017-06-28_231216.pdf 06-29-2017
16-01102-tmd_Satija_v. United States Of America Internal Revenue Service_2017-06-14_231209.pdf 06-15-2017
16-01101-tmd_Quezada_et al v. Internal Revenue Service_2017-06-12_231009.pdf 06-13-2017
15-01110-hcm_Munoz,_Jr., Assignee v. Cedar Park Construction, LLC et al_2017-06-08_231022.pdf 06-09-2017
15-01118-tmd_Higgs_v. Colliau_2017-05-25_090716.pdf 05-25-2017
15-52459-cag_Stan_P Bates_2017-05-15_231124.pdf 05-16-2017
12-53022-rbk_Oralia_Garcia Perez_2017-05-05_230953.pdf 05-06-2017
16-10020-tmd_FPMC_Austin Realty Partners, LP_2017-03-10_230859.pdf 03-11-2017
15-05028-rbk_Lopez v. Hernandez et al_2017-01-17 23;07;06.pdf 01-18-2017
16-01004-hcm_Xtreme Power Plan Trust, by and through Angelo DeC v. Schindler et al_2016-12-22 23;07;44.pdf 12-23-2016
16-50552-cag_Palmaz Scientific Inc. and ABPS Venture One, Ltd._2016-11-22 23;06;59.pdf 11-23-2016
15-05083-cag_United States of America v. Gandy et al_2016-11-04 23;07;07.pdf 11-05-2016
15-05047-cag_Patek et al v. Alfaro et al_2016-09-29 23;07;09.pdf 09-30-2016

 

 

 

CV information derived from the U.S. Bankruptcy Court, Western Division of Texas website  at http://www.txwb.uscourts.gov/about-judge-craig-gargotta and http://www2.txwb.uscourts.gov/opinions/judges.php.

 

 

 

 

 

 

 

September 2017 Meeting – Mr. Thomas Rice Speaks on The Role of a Receiver in a Bankruptcy Case.

 

The monthly meeting for September, 2017 will be held on Tuesday, September 26, 2017 at  the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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The presentation will be by Mr. Thomas Rice who will be discussing The Role of a Receiver in a Bankruptcy Case.

Thomas Rice

Mr. Thomas Rice practices in San Antonio, Texas, and at venues throughout Texas.

Mr. Rice will be reviewing and updating his article on the Role of a Receiver in a Bankruptcy Case, as published at the American Bar Association website, which can be accessed here,

or a copy is attached to this page, T Rice The Role of a Receiver in a Bankruptcy Case – Bankruptcy and Insolvency Litigation (00306086xDCB87).

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Mr. Thomas Rice:

Education & Training:

Pepperdine University School of Law, JD Cum Laude

University of California, Los Angeles, B.A. in History and Economics

Practice Areas:

Bankruptcy & Insolvency (certified by the Texas Board of Legal Specialization (TBLS) in Business Bankruptcy Law)

Business Litigation

Complex Commercial Litigation

D&O Litigation

Bar Admissions:

State Bar of Texas (2000)

United States Fifth Circuit Court of Appeals

United States District Court, Western District of Texas

United States District Court, Northern District of Texas

United States District Court, Eastern District of Texas

United States District Court, Southern District of Texas

Background:

Mr. Rice represents the commercial interest of a wide variety of clients in connection with entities suffering from economic distress. While typically these interests are prompted by the filing of a bankruptcy case, Mr. Rice has also represented parties in negotiating out-of-court restructurings. As part of his practice, Mr. Rice has represented parties that conduct business in a variety of industries including commercial real estate development, retail, electronic commerce, restaurants and railroads. In addition to these industries, Mr. Rice has substantial experience in representing clients in the oil and gas arena, including refiners, exploration and production companies, entities owning mid-stream assets and service providers. Mr. Rice has also undertaken numerous cases involving breaches of fiduciary duties by corporate officers and directors. Within the bankruptcy realm, Mr. Rice regularly represents debtors-in possession, trade creditors, bankruptcy trustees and parties seeking to purchase assets. These representations involve both transactional aspects and complex commercial litigation.

Mr. Rice is currently the President of the Central Texas chapter of the Turnaround Management Association, which covers both San Antonio and Austin. He is also the Vice President of Law School Relations for the Bankruptcy Section of the State Bar of Texas. Mr. Rice also volunteers on one of the oversight committees for the San Antonio chapter of the United Way, insuring accountability from the local charities that receive funds from the United Way. As a member of the American Bankruptcy Institute, Mr. Rice is co-editor of the Benchnotes column that appears monthly in the ABI Journal.

Mr. Rice served as law clerk to the Honorable Ronald B. King prior to working for the law firm of Cox Smith Matthews. In May 2014, Tom joined Pulman Cappuccio Pullen Benson & Jones as a Partner.

Select Reported Cases:

Villaje Del Rio, LTD v. Colina Del Rio, LP, 283 Fed. Appx. 263 (5th Cir. Tex. 2008)

Good v. RMR Invs., Inc., 428 B.R. 249 (E.D. Tex. 2010)

In re TXCO Res. Inc., 2010 Bankr, LEXIS 5680 (Bankr. W.D. Tex. Jan. 29, 2010

Professional and Community Activities:

State Bar of Texas, Vice President of Law School Relations for the Bankruptcy Section

Turnaround Management Association, President of the Central Texas Chapter

American Bankruptcy Institute, Co-Editor for the Benchnotes Column in the ABI Journal

United Way, Member of the Stewardship Review Committee

© 2017 Pulman, Cappuccio, Pullen, Benson & Jones

Source: http://www.pulmanlaw.com/attorneys/bio/thomas-rice/

Save the Date – Western District of Texas Bankruptcy Bench Bar Conference will be held on April 11-13, 2018

SAVE THE DATE!

The Western District of Texas Bankruptcy Bench Bar Conference will be held on April 11-13, 2018 at Horseshoe Bay Resort in Horseshoe Bay, Texas. This seminar will offer a unique ability for you to get to know the Western District Bankruptcy Judges, Law Clerks, Trustees and fellow Bankruptcy Lawyers in an educational and social setting. The seminar will be one of the most affordable bankruptcy conferences available and will feature great CLE from the Western District of Texas Bankruptcy Judges and other attorneys. Professor Jay Westbrook, University of Texas’ Bankruptcy Law Professor, has agreed to be our keynote luncheon speaker at the Conference. Attendees will also have the opportunity to join the “team” of one of the four Western District Bankruptcy Judges and participate in a miniature golf tournament on Wednesday evening, April 11th. On Thursday evening, attendees and their guests can also attend a tour, wine tasting and dinner at a local vineyard. So, please mark your calendar and plan on attending this upcoming Conference. A Conference brochure will be emailed and sent later, but please mark your calendar and plan on joining your Judges, Trustees and fellow bankruptcy lawyers in Horseshoe Bay next year!
Vanessa DeLeon Guerrero
Comptroller & Senior Staff Attorney
Office of the Chapter 13 Trustee, Western District of Texas (San Antonio)
Mary K. Viegelahn, Trustee
10500 Heritage Blvd., Ste. 201
San Antonio, Texas 78216
(210)824-1460