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Attorney Files Fair Debt Collection Suit Over Letter of Protection

Texas Lawyer

Monday, July 30, 2012

One of the occupational hazards of suing plaintiffs lawyers is that sometimes they sue back. That's what Bill Voss, his firm and some of his clients, among others, just found out in McGuire, et al. v. Voss, et al. Part of Voss' practice involves representing doctors and clinics that file breach-of-contract suits against plaintiffs lawyers who allegedly fail to honor their letters of protection.

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Judge Gives Bankruptcy Court First Crack at Ponzi Scheme Claims

New York Law Journal

Wednesday, July 18, 2012

Southern District Judge J. Paul Oetken has declined to hear fraudulent conveyance and preferential transfer claims in Arbco Capital Management's bankruptcy case, ruling that, even in light of a U.S. Supreme Court decision that the bankruptcy court cannot finally adjudicate the claims, it is most efficient for that court to hear them in the first instance.

Victorious Target of Debt-Collection Suit Sues Firm, Its Client

Texas Lawyer

Thursday, May 17, 2012

An alleged debtor who prevailed in a 2010 collection suit sued a Carrollton firm and its client, alleging violations of consumer debt-collection laws and more. On May 4, the firm and the business denied all the allegations."They didn't show up for trial, and even though they lost, they filed an abstract of judgment saying they won," alleges plaintiffs' co-counsel Dick Harris, an Abilene solo.

Litigator of the Week: Beating the FTC

Texas Lawyer

Monday, March 26, 2012

A U.S. district judge in Dallas issued a final take-nothing judgment in Federal Trade Commission v. Financial Freedom Processing, et al., stating that the FTC had failed to establish by a preponderance of evidence that the defendants — Dallas-based consumer-debt settlement companies and some of their founders — had violated the FTC Act. The defense lawyer says he relied on a "belt and suspenders" approach: empirical and expert-opinion support for his arguments.

14th Court: Legal-Malpractice Claims, Proceeds Not Assignable

Texas Lawyer

Monday, August 16, 2010

Precedent and policy prohibit the assignment of debtors' legal-malpractice claims to a creditor. That's what Houston's 14th Court of Appeals held on July 22 in InLiner Americas Inc., et al. v. MaComb Funding Group.Professor Ann Graham (pictured) of Texas Tech University School of Law agrees with the 14th Court. "You don't want unrelated parties purchasing claims against lawyers," she says.

Rangers Auction Imminent, But Permanent Debtor's Counsel Uncertain

Texas Lawyer

Monday, August 2, 2010

The Dallas office of Weil, Gotshal & Manges will be the venue for the Aug. 4 auction of the Texas Rangers baseball team. Speculation has swirled in the financial and sports media about who will bid. But another question is how U.S. Bankruptcy Judge D. Michael Lynn of Fort Worth will rule on the Office of U.S. Trustee's objection to Weil, Gotshal's application to serve as debtor's counsel for the baseball team's owner, Texas Ranger Baseball Partners (TRBP), in TRBP's bankruptcy proceedings. The trustee's office alleges that "conflicts of interest" should bar Weil, Gotshal from permanently representing TRBP.