For some background, a lease is considered an executory contract. An executory contract is a contract between a debtor and another party in which each party still has important performance obligations remaining.

Generally, if a landlord terminates the lease, such termination cuts off the landlord's damages at the date of termination. Therefore, if a landlord terminates the lease on January 1, 2023...

In an earlier article in the Cowles Thompson newsletter, I wrote about the Pregnant Workers Fairness Act, 42 U.S.C. 2000gg (PWFA). The PWFA requires covered employers...

In 2021, the Texas Legislature passed and Governor Greg Abbott signed into law House Bill 1927 (the "Firearm Carry Act of 2021").

The Southern District of Florida, issued an opinion that offered bankruptcy trustees seeking to avoid fraudulent transfers an opportunity to avoid such transfers occurring in the previous ten years.

Under Section 365 of the Bankruptcy Code, a Debtor or Trustee may assume a nonresidential lease and may also assign the lease provided that lease is not in default or termed out. If the lease is in default, the default shall be cured and “adequate assurance” of future performance shall be provided to the landlord.

Last year–the calendar year from January 1, 2024 to December 31, 2024–was a productive year for the state's highest civil court.

Texas is a "community property state," which means that all property acquired by either spouse during marriage is presumed to belong to both spouses equally.

When love turns to hate, children are often caught in the middle. Sometimes, a parent's hatred of their ex turns into parental alienation, which is when a parent intentionally damages the child's relationship with the other parent ...

During a divorce, a court has authority to divide community property, but may not divide separate property. When it comes to separate property, the only authority a court has in a divorce is to confirm it.

When the court is presented with a motion to modify or lift the automatic stay allowing a creditor to proceed in an action against a debtor after the debtor has filed bankruptcy...

In bankruptcy, if a debtor is the landlord, the debtor has the option to assume the lease, assume and assign the lease, or reject the lease.

As was reported on Twitter/X Sunday, the Treasury Department will not enforce the Corporate Transparency Act's Beneficial Ownership Information reporting requirement.

In a unanimous decision, the U.S. Supreme Court in Bartenwerfer v. Buckley, 598 U.S. 69 (2023), found that an innocent partner having no knowledge of the fraud committed by his partner can still be found to have committed fraud based on one partner being the agent of the other.

An increasingly common practice in American business involves requiring employees to sign covenants not to compete, usually referred to as "non-competes," with their employers or prospective employers.

"What happens when we die?" is often a question on the lips of children or philosophy students – and it's a familiar query that becomes more pressing as we age.

When the title to real property is transferred for the express purpose of placing it out of reach of a known creditor, the transfer is a fraudulent conveyance.

The "Texas Two-Step" has proved to be a lifeline allowing companies to form in such a way that protects assets from bankruptcy claims.

On April 11, 2025, the Texas Supreme Court, in a unanimous opinion in Raoger Corporation v. Barrie Myers, reversed the Dallas Court of Appeals and affirmed a summary judgment granted by the trial court to the appellant restaurant/bar.

One of the most active areas of litigation in recent years is the spoliation of evidence.