James V. Hoeffner

Shareholder

Board Certified in Business Bankruptcy Law and Consumer Bankruptcy Law by the Texas Board of Legal Specialization

DIRECT PHONE: 512.480.5707
DIRECT FAX: 512.480.5886

About

Mr. Hoeffner is a specialist in bankruptcy/insolvency law with more than 35 years of experience.

He represents creditors in and out of the bankruptcy context. Mr. Hoeffner represents non-debtor parties in proceedings where the Trustee or debtor is suing such party, including defending alleged preferential transfers and/or fraudulent transfers. Mr. Hoeffner also represents select debtors who are dedicated to the disciplines demanded under bankruptcy law. Mr. Hoeffner also serves as special counsel and/or expert witness in the field of bankruptcy law in non-bankruptcy litigation.

PROFESSIONAL QUALIFICATIONS

  • Admitted: Texas, 1980; U.S. Court of Appeals for the Fifth Circuit; U.S. District Court for the Northern (1981), Western (1987), Southern (1991), and Eastern (2007) District of Texas; U.S. District Court for the Northern District of Illinois (2007).
  • Consumer Bankruptcy Law, American Bankruptcy Board of Certification, 1992
  • Business Bankruptcy Law, American Bankruptcy Board of Certification, 1992
  • Education: University of Arkansas at Fayetteville (J.D., 1980); Texas Tech University (B.A., 1976).
  • Member, University of Arkansas Law Review, 1979-1980

REPRESENTATIVE EXPERIENCE

  • Representation of telcom creditor in a telcom bankruptcy.
  • Representation of lenders in single asset real estate company bankruptcy cases.
  • Representation of insurance company in prosecuting collection of a fraud judgment in a complex Chapter 11 chiropractic company case involving multiple co-judgment defendants and debtors.
  • Representation of landlords in multiple bankruptcy proceedings. Involved issues of payment of rent, assumption and rejection of leases, obtaining return of premises, and calculation of damages.
  • Representation of restaurant franchisor in cases where the franchisees filed Chapter 11 bankruptcy proceedings.
  • Defense of attorney in professional liability case based on attorney’s alleged malfeasance in representing a debtor in a Chapter 11 proceeding.
  • Expert witness on bankruptcy law in state court involving issues of title on asset that plaintiff/debtor failed to disclose in his bankruptcy proceeding.
  • Representation of oil company in regard to collecting upon a fraud judgment against an individual who filed Chapter 11 that was subsequently converted to a case under Chapter 7.
  • Representation of creditors in motions to convert, appoint a trustee, and/or dismiss a bankruptcy.
  • Defense of creditors in preference/fraudulent transfer litigation. Assertion of ordinary course of business and new value defenses.
  • Prosecution of objection to discharge based on (a) transfers made within a year of filing bankruptcy, and (b) failure to maintain records.
  • Representation of creditors in motions to lift stay upon real estate, homestead, equipment, inventory, and/or vehicles, etc.
  • Post-divorce representation of ex-wife against ex-husband who filed bankruptcy in regard to collection and payment of debts arising out of the decree of divorce.

PROFESSIONAL AFFILIATIONS

  • Western District of Texas Bankruptcy Bar, President 2014-2016; Secretary, 2012-2014
  • Master; Larry E. Kelly Bankruptcy Inns of Court
  • American Bankruptcy Institute
  • Austin Bankruptcy Bar Association; Board of Directors, 2008-2010
  • Austin Bar Foundation Life Fellow
  • Texas Bar Foundation Life Fellow

AWARDS AND HONORS

  • 2014 and 2018 Lawyer of the Year in Litigation/Bankruptcy for the Austin, Texas area; The Best Lawyers in America® Inc.
  • Listed in The Best Lawyers in America® , Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law, and Litigation – Bankruptcy, (2011-2017)
  • Texas Monthly, Super Lawyers®, 2003-2017
  • Texas Monthly, Super Lawyers® Corporate Counsel Edition, Bankruptcy and Creditors’/Debtors’ Rights, 2009-2015
  • AV® Preeminent Peer Review Rating, Martindale.com 
  • Bar Register of Preeminent Lawyers, Martindale Hubbell®; AV® Rated

REPRESENTATIVE PUBLICATIONS AND PRESENTATIONS

  • Bankruptcy for the Occasional Practitioner, Co-panelist with the Honorable Tony Davis, United States Bankruptcy Judge for the Western District of Texas, Austin Division, Austin Bench Bar Conference, Spring 2015
  • Collection Strategies After Real Property Foreclosure, Co-Speaker and Co-Author, Western District Bankruptcy Bench Bar, Spring 2014
  • Defeating Bankruptcy Preference Actions by Motion for Summary Judgment,Speaker and Co-author, University of Texas, Fall 2012
  • Representing Creditors in Bankruptcy, Mastering the Art of Collecting Debts and Judgments, University of Texas School of Law, Author and Speaker, September, 2010-2011
  • Divisibility of Executory Contracts and Leases, Author and Speaker, TexasBar CLE Advanced Bankruptcy Course, June, 2010
  • Bankruptcy Law for the Non-Bankruptcy Lawyer, Travis County Bench Bar Seminar, Panelist with Bankruptcy Judge Craig Gargotta, 2009
  • What Every Collection Lawyer Should Know About Bankruptcy, Speaker and Author, Texas State Bar Collections Seminar (2008)