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Civil Litigation

Real Estate / Oil & Gas

Real estate disputes encompass a variety of issue areas, such as, buying and transferring of real property; liens; homestead; marital property rights; taxes; insurance; bankruptcy; mortgages; money lending agreements; agreements granting security interests; health and safety issues; deeds and deeds of trust; land use and zoning issues; and much more.

 

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Previous Successes
PreviousSuccesses

United Texas Transmission Company v. Mid-American Resources, Inc., Adversary No. 589-5085; In the United States Bankruptcy Court for the Northern District of Texas, Lubbock Division

Although this case was in Bankruptcy Court, its central issue was a take-or-pay gas contract which Mid-American was attempting to enforce against our client, United Texas Transmission. Our position, on which we ultimately prevailed, was that this was essentially a state contract issue that did not qualify as a “core proceeding” in the Bankruptcy case. The outcome of this case had far-reaching implications for our client because this contract was one of many similar take-or-pay contracts our client was involved in. Needless to say, an adverse ruling in this case would have been costly for our client. This case raised a critical jurisdictional question about the nature and extent of the Bankruptcy Court’s ability to reach and interfere with other state and federal rights. Fortunately, we prevailed on these issues so that other critical issues which might have adversely affected our client were never reached in this case.

John Cox and Mary Vogelson v. Sam Bevers, S&S Oil Company and Bevers SWD, Inc., In the District Court of Garza County, Texas; Case No. 07-12-06255

Mr. Green represented Sam Bevers, a small oil lease operator whose lease was being attacked by the landowner. Cox, the landowner filed a lawsuit to cancel the lease, based on assertions that Bevers had violated the lease by failing to comply with Texas Railroad Commission rules for lease operations. The ensuing litigation was long, protracted, and bitter, stretching over several years. In the meantime, to the dismay of Cox, while the suit was pending, our client continued to operate the lease during a period when oil prices were the highest in history. Before trial, just as oil prices began to decline, the parties reached a confidential settlement agreement in which our client was able to take profits and extricate himself from the lease and an unpleasant relationship.