Through a network of attorneys across the state, our firm can handle and service all clients’ legal needs associated with finance and lending throughout the entire State of Texas. This includes pursuing sequestration state court relief in any of the 254 counties across Texas and obtaining a court order for a sheriff or constable to seize your collateral wherever it may be located in Texas. Additionally, our firm pursues our clients’ rights against their collateral in the Northern, Eastern, Southern, and Western District Bankruptcy Courts of Texas.
Use of our firm provides benefits to our clients of uniform reporting, status updates, and billing across the entire state which includes the large metropolitan areas of Dallas-Fort Worth, Houston, Austin-San Antonio and the vast regions of West Texas and the Panhandle.
Our firm has significant experience in pursuing secured creditor remedies in both bankruptcy court and state court. Our experience ranges from “prime” or “A” grade paper to “sub-prime” or “C-D” paper.
Historically, in pursuing client remedies in state court, 85% of our client’s collateral is recovered within 30 days of receipt of the file from our client and 95% are recovered within 60 days. Occasionally, although more frequent for sub-prime clients, defendants refuse to surrender the collateral upon service of the writ by the deputy. This conduct by the defendant is enforceable by contempt and can eventually result in the defendant serving time in jail if the collateral is not surrendered.
In pursuing client remedies in bankruptcy court, the majority of Lift Stay Motions and Confirmation Objections are resolved through an Agreed Order favorable to the client. As a result of recent bankruptcy decisions in the U.S. Supreme Court and the Fifth Circuit, secured creditor’s bankruptcy rights and remedies are very favorable. However, creditors’ rights vary significantly across the state in the four Districts. Accordingly, pursuit of the secured creditor’s rights in bankruptcy court is tailored according to those variations across the state.
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