Emerson, Andrew F.

Lawyer Overview

Mr. Emerson graduated with honors, from the University of Georgia Law School in 1981 where he was a member of the Georgia Law Review. He was admitted to the Texas State Bar in 1981. Mr. Emerson practices in the area of creditors' rights and complex business litigation, including bankruptcy. He has over twenty five years of experience in commercial litigation in state and federal courts. Mr. Emerson has prosecuted numerous cases on Section 727 exceptions to the debtor's discharge that have ultimately formed much of the Fifth Circuit Court of Appeals law on these issues. He has also collected millions of dollars in litigating on behalf of the FDIC, the RTC, numerous financial institutions, major corporations, and individuals. Mr. Emerson also practices in the areas of construction law, real estate litigation, commercial contract disputes, and consumer protection litigation. He has received an AV rating from the nationwide Martindale Hubbell Law Directory reflecting its highest rating for legal abilities based upon a survey of local judges and attorneys. He has published numerous articles in various law reviews and professional journals. Mr. Emerson has also taught and lectured, on legal issues, at various universities and to professional organizations. He is licensed to practice before all state courts of Texas and the Federal District Courts for the Southern, Eastern, Western and Northern Districts of Texas, as well as the United State Court of Appeals for the Fifth Circuit.

Areas of Practice

• Bankruptcy
• Commercial Litigation
• Collections
• Family Divorce
• General Civil/Consumer Claims Misc. Tort Items, DTPA
• Contract Dispute
• Consumer Matters
• Power of Attorney
• Name Changes
• Misc. Legal Advice

Representative Clients

• Interbay Funding, L.L.C. (Coral Gables, Florida)
• The Cadle Company (Newton Falls, Ohio)
• JMC Construction, L.P. (McKinney, Texas)
• Midwest First Financial, Inc. (Omaha, Nebraska)
• Double Diamond Companies (Dallas, Texas)
• Celtic Bank Corporation(Omaha, Nebraska)
• Ocean Leon Servicing (Westpalm beach, Florida )
• Continental Bank(Omaha, Nebraska)
• Brown Bark ( Sugarland, Texas)

Representative Cases

• The Cadle Co. v. Mitchell, 102 Fed. Appx. 860 (5th Cir. 2004)
• The Cadle Co. v. Guenther, 333 B.R.759 (Bank. N.D. Texas 2005)
• The Cadle Co. v. Hughes, 354 B.R. 801(Bankr. N.D. Texas 2006, (aff'd., 2009 U.S. App. Lexis 2373 (5th Cir. 2009))
• The Cadle Co v. Terrell Cite, 47 Collier Banker. Cas. 2d (MB) 728 (N.D. Texas 2001, aff'd., 46 Fed. App.731 (5th Cir. 1992))
• FDIC v. White, 76 F.Supp. 2d 736 (N.D. Texas 1999)
• The Cadle Company v. Mitchell, 102 Fed.Appx., 860 (5th Cir. 2004)
• Ferguson v. FDIC, 164 F.3rd 844, cert.den., 528 U.S. 819 (1999)

West Practice Categories

Foreclosure & Alternatives, Loan Workouts, Collections & Repossessions, Debtor/Creditor, Construction Contracts, Bankruptcy Litigation, State Trial Practice, Tax Litigation

Bar Admissions

• Texas, 1981
• U.S. District Court Northern District of Texas, 1982
• U.S. District Court Southern District of Texas, 1990
• U.S. District Court Eastern District of Texas, 2002
• U.S. District Court Western District of Texas, 1991
• U.S. Court of Appeals 5th Circuit, 1992

Honors and Awards

• Martindale Hubbell AV Rating, 2000 - Present

Classes and Seminars

• Business Law Professor, Bloomsburg University, 1983 - 1985
• Business Law Professor, East Texas State University, 1985 - 1986
• Adjunct Professor of Business Law, University of Texas of Dallas, 1986 - 1987

Past Employment Positions

• Baker, Miller, Mills & Murray, Associate, 1981 - 1983
• Law Office of Rick Frazier, Associate, 1986 - 1988
• Brice & Markoff, Associate, 1988 - 1990
• Looper Reed Mark & McGraw, Associate, 1990 - 1991
• The Emerson Law Firm, Proprietor, 1992 - 2009

Education

• University of Georgia School of Law, Athens, Georgia, 1981
  J.D.
  Honors: cum laude
  Law Review: Georgia Law Review, 1979 - 1981
• Bryan College, Dayton, Tennessee, 1978
  B.A.
  Honors: summa cum laude
  Honors: With Distinction
  Major: History

Accepts Credit Cards

Published Works

• The Demise of the Business Judgment Rule 1, Franklin Bus. & Law Review, 2009
• Aronson and Its Progeny: Limiting Derivative Actions Through Demand Requirements, 19 John Marshall Law Review 571, 1986
• The Director as Corporate Legal Monitor: Environmental Legislation and Pandora's Box, 15 Seton Hall Law Review 593, 1985
• The Dischargeable Debt in Bankruptcy and Environmental Liability; Ohio v. Kovacs, 18 Uniform Commercial Code Law Journal 254, 1986
• Governmental Actions Under the Section 362(b)(4) Bankruptcy Exemption; of Police Powers and Pecuniary Interests, 90 Commercial Law Journal 101, 1985
• Renewed Respect for Catch-all Phrases in Employment Codes-Davis v. Williams, 15 Georgia Law Review 219, 1980
• The Descendibility of the Right of Publicity; Memphis Development Foundation v. Factors Etc., 14 Georgia Law Review, 1980

Address

8350 N. Central Expressway
Campbell Centre I
Suite 1111
North Tower
Dallas, TX 75206-1625

Phones

214-242-6444

Faxes

214-265-1950

Emails

Contact Us

Websites

http://www.pamlaw.com