2016 General Election – Judicial Races

Friends and Associates,

Again, I dare to make the election selection of judicial candidates. As in the past, the important assets are judicial temperament, trial and legal experience, and a nod to incumbents who are intelligent and knowledgeable. I am opposed to straight-ticket voting, voting for a familiar name, and position leading to arrogance on the bench (no names, and you can’t assume that any trait applies to any unselected person).

Below are my suggestions. The first set is just the names, no comments. For those that want to review some comments, they follow the list of picks. If you want to print them, the pdf’s are right here:

bexar-county-judicial-elections-picks

bexar-county-judicial-elections-comments

David Bosworth, October 2016

Bexar County, Texas

Legal Work in Courthouses, South Texas and Central Texas

A client recently called, stating that he was having to do a foreclosure on a property/business that was sold by him several years ago. The purchaser was paying on a Note, secured by the real estate used by the business. This sale closed at my office on Broadway, but dealt with real estate that was located several counties away from Bexar and San Antonio. He said that he had hired local counsel in that county, which was fine with me, because I’m not really that enamored of having to show up at a Justice of the Peace hearing, at 8 or 9 am at a location an hour and a half from my office. It would be worse, of course, to have resets, judicial cancellations, appeals to the county court, which are all normal activities in this kind of case.

But don’t get me wrong; as I review 25+ years of practice in South and Central Texas, I have to say that I enjoy the trips to several of the surrounding counties. Going to a neighboring county usually means a short drive in the country, parking right outside the courthouse, and visiting with judges, clerk personnel, attorneys that practice in those counties, and usually some attorneys that are also commuting from San Antonio, handling their particular client’s interests.

This certainly counts for most of the adjoining counties, and their county seats. Medina/Hondo, Kendall/Boerne, Comal/New Braunfels, Guadalupe/Seguin, and even Wilson/Floresville. I would include Bandera/Bandera as well, just a quick trip up Highway 16 to the middle of that cowboy town. OK, I’ve left out Atascosa, because the courthouse there is in Jourdanton, which is one more leg on the trip, after passing Pleasanton or Poteet. However, once there, I see the same grouping of people, including one attorney from San Antonio, who makes a good living defending criminal cases in that county, and the judge that is still there, who I met as we represented clients in a divorce case, shortly before she was elected to the bench.

The law regarding real estate, bankruptcy, contracts, estates and probate is essentially the same throughout all Texas counties, and I enjoy visiting throughout the State. So give me a call at 210-805-9334 or 210-805-9882 with your comments and questions.

David Bosworth
www.mysanantoniolawyer.com

Member: www.law210.com

Member, State Bar of Texas

Motions to Extend the Stay in a Chapter 13 Bankruptcy Case Refiling

Motions to Extend the Stay

If you have a previous bankruptcy filing that was PENDING within the prior calendar year, then your second, current case will stop creditors (“stay” the creditor’s actions) for only a period of 30 days, allowing for a noticed hearing before the court. The debtor needs to show a change in financial and/or personal circumstances such that the Court is convinced that debtor will be able to complete the current Chapter 13 Plan.

Your attorney will have to file a motion, and then will have to file for an EXPEDITED hearing on that motion, because, in the usual course of things in most Bankruptcy Court jurisdictions, the hearing would not come up, UNLESS EXPEDITED, soon enough to keep the Stay from lapsing after 30 days.

Contact your attorney for further explanation, and assistance with a Motion to Extend Stay.

mysanantoniolawyer.com

David A. Bosworth
Bankruptcy Attorney
San Antonio, TX

210-805-9334

Cramdown of value on a motor vehicle, to pay replacement value only, in Chapter 13 Bankruptcy, not full amount due.

Cramdown of value on a motor vehicle, to pay replacement value only, not full amount due.

The first consideration is whether the loan is over 910 days old. The 2005 Bankruptcy “Reforms” protected automobile finance companies, sellers, and lenders, by forcing the purchaser of a vehicle within the last 910 days to pay the full amount of the debt on the car. This is typically a predatory amount of higher than retail price, excessive interest, and worthless add-ons like insurance, warranties, and undercoating.

However, if debtor is in this “more than 910 days” area, then he might be able to pay only the value. But what is the value? By definition, it is “replacement value”, or the price a retail merchant would charge today for a car like this one, taking into consideration the age and condition of the car. A start to determine that value is KBB.com and NADA books. Also, factor in particular discrepancies, like accident damage, or required repairs.

Your attorney can help in properly filing this information and getting the appropriate payment in the plan.

mysanantoniolawyer.com

David A. Bosworth
Bankruptcy Attorney
San Antonio, TX

210-805-9334

Tagged as: bankruptcy, repossession, vehicle valuation

Real Property Survey Measurements – Metes, Bounds, Rods, Chains, and Furlongs

I’m doing a refresher real estate math lesson.

An acre at 43,560 square feet has always been easy to remember. An acre, of course, is not a perfect square, it’s just a measurement of area. Long ago, I did the square root of 43560, and have remembered that to be about 208 feet. Thus, if you have a fairly normal 50’ x 50’ subdivision lot, you could call that approximately one-fourth acre.

The actual amount, 43560, was determined by the surveyor industry, first using the length of a “chain”. Now, this gets into some antiquated measuring lengths, but could come up on an older survey, or a newer real estate math test, where some curmudgeon test preparer thinks that, if he had to learn it, so will everyone else.

A chain is 66 feet. Ten chains is a furlong, or 660 feet, and if you multiply a chain by a furlong, you come up with 43560 square feet, or an acre. Thus, ten plots of the size one chain by one chain, laid side by side, would total an acre. For that matter, you can slide them around, side by side, 3 card monte style, and your result will be an acre.

Okay, how about a “rod”? A surveyor could take that rod he’s holding, and lay it down alongside the CHAIN, 4 times, meaning a rod is one-fourth of a chain, or 16’5 feet long (or 5.5 Yards long). Last thing to remember is that a mile can be made up of RODS or CHAINS, equally, 2640 rods, or 660 chains, or 66 furlongs, respectively.

www.mysanantoniolawyer.com
www.law210.com