GPSolo®
GPSolo®

General Practice, Solo and Small Firm Section of the State Bar of Texas

DEBTOR-CREDITOR LAW

FALL 2018

 

 

Jahan Tigh v. De Lage Landen Financial, 545 S.W. 3d 714 (Tex. App.—Fort Worth 2018)

 

Foreign Judgment: Under Tex. Civ. Prac. & Rem. Code Ann. § 34.001(a), the date of filing of a foreign judgment in a Texas court becomes the rendition date of the judgment when determining if the domesticated foreign judgment is dormant under section 34.001(a).

 

Drake Interiors, Inc. v. Thomas, 544 S.W. 3d 449 (Tex. App.—Houston [14th Dist.] 2018)

 

Abandonment of Homestead: The concept of abandonment of a homestead involves an issue of intent. Because reasonable people may draw differing conclusions about a defendant’s subjective intent, in the absence of an unambiguous admission, issues of intent are usually inappropriate for summary judgment. Also, there is generally no better proof of an intent to abandon a homestead than acquiring and moving to a new homestead. See Hudgins v. Thompson, 109 Tex. 433, 211 S.W. 586, 588 (1919). However, such a conclusion is most sound when all members of the family relocate to a new home together. When only some members of the family relocate to the new home, evidence of abandonment can be ambiguous.

 

Lemon v. Hagood, 545 S.W. 2d 105 (Tex. App.—El Paso 2017, pet. denied)

 

Pursuing a Partner on a Partnership Obligation: Tex. Bus. Org. Code Ann. § 152.306(b) provides for two predicates before a party can directly pursue a partner on a partnership obligation: (1) the party must have a judgment against the partnership; and (2) that judgment against the partnership must go unsatisfied for at least ninety days. Subsection (c), however, allows a creditor to proceed against a partner “without first seeking satisfaction from partnership property” if one of four exceptions are met. The term “satisfaction,” when used in the context of the satisfaction of a debt does not mean obtaining a judgment. Hence, the exceptions pertain only to the satisfaction period and not the requirement to obtain a judgment, i.e., a judgment must be obtained against the partnership before invoking an exception to the 90-day period.  

 

 

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