Articles / Publications

Major Publications

• “Last Rights: Liquidating a Company,” (with Dr. Ben Branch and Hugh Ray), Oxford University Press (2006).
• “Texas Practice Guide: Creditors’ Rights,” Co-authored with Hugh M. Ray (The West Group, 1998) (Updated annually).  Focusing on enforcement of judgments and debts in Texas including through receivership and bankruptcy.
• “Texas Practice Guide: Financial Transactions,” Volumes 2 and 3 (The West Group, 2000) (updated annually).  Focusing on the proper documentation of financial transactions by Texas lawyers.
• “Texas Secured Lending Guide,” (Texas Bankers’ Association, 1st ed. 1992, 2nd ed. 1996, 3rd ed. 1997, 4^th ed. 1998, 5^th ed. 1999, 6^th ed. 2000, 7^th ed. 2001, 8^th ed. 2002, 9^th ed. 2003, 10^th ed. 2004, 11^th ed. 2005, 12^th ed. 2006) (250 page book).  Focusing on the proper documentation of commercial and consumer loans by Texas bankers.
• “Texas Problem Loan Guide,” (Texas Bankers’ Association, 1999).  Focusing on the prevention, workout and collection of commercial and consumer problem loans by Texas bankers.
• “Maximizing Estate Value Through Effective Economic Litigation Analysis,” Norton’s 1998 Annual Survey of Bankruptcy Law at 21 (The West Group) (Co-authored with Ben Branch and Hugh Ray).
• “Practicing Law in the ‘New Age’: The 1988 Amendments to the Texas Rules of Civil Procedure,” 19 Tex. Tech L. Rev. 881 (1988) (Co-authored with Hon. William Kilgarlin and George Quesada).
• “Note, Evans v. J. Stiles, Inc.:  The Need for a Blueprint in Texas Homebuyer Protection,” 37 Baylor L.Rev. 57 (1985).
• "Texas Real Estate Lending Guide," (Texas Bankers Association, 2007).

Briefings, Seminars & Speeches

Major Presentations

• "Was the Debtor Insolvent?  Whatever that Means...," Dallas Bar Association Bankruptcy and Commercial Law Sections (November 7, 2007)
• “Last Rights: Finding Value in Liquidations” (panelist) Tenth Annual Conference on Corporate Reorganizations, Chicago, June 21, 2007.
• “How Far Can We Go With Rule 2004?”  The University of Texas 2007 Bankruptcy Litigation Advanced Pre-Trial Practice and Procedure Workshop, February 2007.
• “Who Should Be Casting?  Third Party Prosecution of Claims Via Assignment of Claims to Litigation Trusts, a Committee or Other Third Party,” The University of Texas 2006 Bankruptcy Litigation Advanced Pre-Trial Practice and Procedure Workshop, February 3, 2006.
• “Commercial Lending – New Trends and Revisiting the Basics,” Texas Association of Bank Counsel 29^th Convention, October 2005.
• “Struggles Among the Bondholder Classes,” (panelist) 8^th Annual Corporate Reorganizations Conference Chicago, Illinois, June 24, 2005.
• “The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” presented to State Bankers Association, June 21, 2005.
• “An Overview of New Article 9,” The State Bar of Texas 22^nd Advanced Real Estate Law Course, June 28, 2000.
• “Securing a Lien on Securities and Security Entitlements”; The University of Texas School of Law 31st Mortgage Lending Institute, October 3, 1997.
• “A Servant of Two Masters: The Dilemma Faced by a Director Who Jointly Serves Both a Bank or Thrift and its Affiliated Holding Company,” presented with Eric Fischer, general counsel U.S. Trust Co., at the American Bar Association Section of Business Law, 1995 Spring Meeting.
• “Bank of New England Corporation: A Chapter 7 Case Study,” Co-authored with Dr. Ben S. Branch, presented at the Eastern Finance Association Annual Meeting, April 27,1995.
• In-house CLE presentations for clients including “Understanding Common Credit Support Documents: Guaranties and Letters of Credit,” “The Risk of Litigation When You Are a Director, Affiliate or Creditor of a Potentially Bankrupt Entity” and “The Top 10 Risks of Doing Business With a Company in Financial Distress.”
• "Valuation in Bankruptcy Litigation," Dallas Bar Association Bankruptcy and Commercial Law Section (September 5, 2007)

Institutional Training

• Instructor, Texas Bankers’ Association Professional Development Seminars: “Texas Loan Documentation”
• Instructor, Texas Department of Banking, “Loan Documentation,” Bank Examiners Training Conference.
• Instructor, Texas Bankers’ Association Lending School; “Problem Loans and Bankruptcy”
• Instructor, Texas Bankers’ Association: “The Bankruptcy Reform Act of 1994: What Bankers Need to Know”
• Instructor, American Institute of Banking: “Secured Loan Documentation” 
• Instructor, East Texas Banker’s Association:  “Texas Loan Documentation”