Month: November 2017

Overview of the Bankruptcy Process for Real Estate Lenders

The bankruptcy process is much more complex for lenders than it is for landlords. To understand bankruptcy essentials for lenders, it helps to understand some basic concepts. There are three main types of bankruptcies that can be filed: (1) Chapter 7, (2) Chapter 13, and (3) Chapter 11. Chapter 7 bankruptcies are liquidation bankruptcies. In …

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Proposal for New Eviction Rules Regarding Notices to Vacate and Title Issues

Notice to Vacate: The notice to vacate in Texas tends to become the most pernicious part of eviction litigation for no good reason. Courts have found that defect in notice to vacate should cause a landlord to lose an eviction suit. Geters v. Baytown Hous. Auth., 430 S.W.3d 578, 586 (Tex. App.—Houston [14th Dist.] 2014); …

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Amending Pleadings in the County Court at Law on Appeal from Small Claims Court

When a small claims case is appealed from the Justice Court (aka the Small Claims Court) to the County Court at Law, the parties tend to get serious about the litigation. Often, attorneys do not get involved until the case has been appealed to the County Court at Law from the Small Claims Court. The …

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