Mark Stout

Founder, Partner

Biography

Mark Stout has conducted an active civil litigation practice in state and bankruptcy courts since 1998. Mr. Stout’s practice concentration includes commercial finance, asset based lending, equipment leasing and the Uniform Commercial Code. Mr. Stout represents a wide range of equipment lessors and asset based lenders in all aspects of business finance. He routinely advises clients in complex loan transactions and litigation matters. Mr. Stout has a successful track record representing lenders in loan enforcement actions, bankruptcy proceedings and out of court workouts. He divides his practice equally between commercial litigation and bankruptcy litigation. Mr. Stout represents in excess of thirty financial institutions and leasing companies.

Within the last four years, Mr. Stout has represented commercial lenders in excess of 150 state court proceedings. Mr. Stout handles an extensive trial docket that generally entails at least three court appearances each week in various courts in Texas. In conjunction with his state court proceedings, Mr. Stout frequently utilizes sequestration/replevin proceedings to quickly recover his client’s collateral. Mr. Stout has filed approximately 200 sequestration/replevin actions in Texas and frequently speaks and publishes papers on the utilization of this process to recover collateral. Mr. Stout has filed sequestration/replevin actions to recover airplanes, oil rigs, automobiles, horses, restaurant equipment, medical equipment, helicopters, and tractor trailers.

Mr. Stout has experience in Chapter 7, 9, 11, 12 & 13 proceedings and protecting secured creditors’ rights by utilizing various motions and adversary proceedings. In addition, Mr. Stout has represented Chapter 7 bankruptcy trustees which recovered significant sums for the bankruptcy estates. Mr. Stout has been counsel on several bankruptcy appeals, all of which were decided in his clients’ favor. Mr. Stout has experience in representing creditors in bankruptcies involving hospitals, oil and gas companies, construction companies, farms, restaurant groups, and numerous other businesses.

Mr. Stout has also within the last four years represented energy companies in oil and gas disputes, general and subcontractors in construction disputes, employment disputes concerning the enforceability of non-compete agreements, debt buyers in FDCPA matters, corporate directors in corporate governance disputes, probate disputes, medical software companies in contractual enforceability disputes, and defended law firms in alleged wrongful acts. In addition to litigation, Mr. Stout also assists commercial lenders in drafting financial instruments, forbearance agreements, and restructuring loans that comply with the UCC and Texas statutes.

Education

Juris Doctorate, University of Texas School of Law

B.A., Economics, Texas Christian University

B.A., History, Texas Christian University

  • Educated as an economist as well as an attorney, Mr. Stout combines his analytical background with his noted persistence in the courtroom to the law practice.

Courts Admitted

  • Texas Supreme Court
  • United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas

Professional Associations

  • Member, State Bar of Texas
  • Tarrant County Bar Association
  • American Bar Association
  • Current vice-president, Texas Creditors Bar Association
  • Fellow, Texas Bar Foundation

Mr. Stout regularly attends conferences hosted by the Equipment Leasing and Finance Association (ELFA) and the National Equipment Finance Association (NEFA). Mr. Stout’s firm is also a member of the Lease Enforcement Attorney Network (LEAN). He participates in an active program of continuing professional education and has spoken at events hosted by the Texas Bar Association and the Dallas Bar Association in the last two years.

Speeches and Presentations

  • Speaker & Co-Author, The Contempt Process: A Crash Course in the Enforcement of Civil Orders, 15th Annual Collections and Creditors’ Rights Law Course, State Bar of Texas, May, 2019.
  • Speaker, Enforcement War Stories, Equipment Leasing and Finance Association, April, 2019.
  • Speaker, Latest Trends in Leasing Fraud, Equipment Leasing and Finance Association, May, 2018.
  • Speaker & Co-Author, Sequestrations & Collateral Recovery, 16th Annual Collections and Creditors’ Rights Law Course, State Bar of Texas, May, 2018.
  • Speaker, A Creditor’s Mock Trial, 15th Annual Collections and Creditors’ Rights Law Course, State Bar of Texas, May, 2017.
  • Editor & Co-Author, Texas Collections Manual, Fifth Edition, State Bar of Texas, 2017.
  • Speaker & Co-Author, Implementing Replevins in Texas Courts, 14th Annual Collections and Creditors’ Rights Law Course, Texas State Bar, May, 2016.
  • Speaker & Co-Author, Sequestrations, A Practical Overview, Texas State Bar, May 2015
  • Speaker, Pre-Judgment Remedies and Sequestrations, Texas State Bar, May 2014
  • Speaker, Sequestrations, Texas Creditor’s Bar Association, September 2013
  • Speaker, Judicial Foreclosure, Tarrant County Bench Bar Conference, April 2012
  • Speaker, Sequestrations and Replevins in Texas, Dallas Bar Association, September 2011
  • Speaker, Replevins, Sequestrations, and Title Issues, Equipment Lease and Finance Association, May 2010