James V. HoeffnerShareholder
Board Certified in Business Bankruptcy Law and Consumer Bankruptcy Law by the Texas Board of Legal Specialization
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.
- 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
- 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.
- 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, 2018, and 2019 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, (2011-2019)
- Texas Monthly, Super Lawyers® Corporate Counsel Edition, Bankruptcy and Creditors’/Debtors’ Rights, 2009-2018
- 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)