(b) Representation of a Corporation or Other Entity. A corporation or other entity may: (1) be represented by an employee, owner, officer, or partner of the entity who is not an attorney; (2) be represented by a property manager or other authorized agent in an eviction case; or (3) be represented by an attorney. (c) Assisted Representation. The ...
Jan 02, 2016 · If the lawsuit is county court at law or district court, then the corporation does need to be represented by an attorney and you cannot do it yourself. There is no statute for this rule. This rule originated in a 1969 court of appeals decision and the most cited case that states the rule is the 1996 Texas Supreme Court case, Formosa Plastics, 937 S.W. 2d 455, 456 (Tex. 1996).
Before serving or filing the motion to consolidate, ask all the attorneys involved in the separate cases to agree to consolidate. If all counsel agree to consolidation, have them sign a stipulation. Next, prepare a proposed agreed order granting the motion to consolidate and submit the motion, stipulation, and agreed order to the court.
The non-surviving corporation as a separate entity goes out of existence as part of the merger process, but does not technically “dissolve,” which is a separate kind of corporate transaction. In a consolidation, two or more corporations combine into one new corporation, with both consolidating corporations going out of existence.
The Ninth Circuit held that, under California law, when two actions are consolidated “for all purposes”, “the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findings and one judgment”, and therefore are to be treated as if they had been united originally.Jun 2, 2017
The most significant difference between joint administration and substantive consolidation is that joint administration requires the es- tate of each debtor to be kept separate and distinct.
Under Level 2 discovery, each side is only allowed 25 written interrogatories that ask more than identifying information about a document. Additionally, the responding party may respond by telling the other side where the information can be found in public records instead of answering the question directly.Jul 11, 2021
Substantive consolidation is an equitable doctrine that permits a bankruptcy court, under certain circumstances, to disregard distinctions between parent companies, subsidiaries and affiliates that operate together as a corporate group.Nov 3, 2017
Consolidation of the administration of the bankruptcy estates of two or more related debtors to reduce the costs of administration and conserve judicial and clerical time.
Substantive consolidation is the pooling of the assets and liabilities of technically distinct corporate entities. For the purposes of confirming a Chapter 11 plan or for liquidating assets under Chapter 7, the creditors of the previously distinct subsidiaries are creditors of a single debtor.
Every case filed in Texas state court requires the plaintiff to choose a discovery plan: Level One, which applies only for cases where the plaintiff seeks less than $100,000 in damages; Level Two, which applies by default to all other cases and has its own specific set of deadlines; and Level Three, which allows the ...Jan 14, 2019
To be in Level 3, the court must order a specific plan for the case, either on a party's motion or on the court's own initiative. The plan may be one agreed to by the parties and submitted as an agreed order. A Level 3 plan may simply adopt Level 1 or Level 2 restrictions.
Level One discovery now applies to divorces in which the parties claim the marital estate is worth less than a total amount of $250,000and this limit is an increase over the previous limit of $50,000.Feb 26, 2021
A non-consolidation opinion states that if one or more parent entities of the SPE files for bankruptcy, the bankruptcy court would respect the separate legal existence of the SPE and would not order the substantive consolidation of the assets and liabilities of the SPE with those of one or more of its parent entities, ...
You are not representing yourself, you are representing corporations, The rule in all the states I am aware of is that any person who represents another person or entity before the courts must be licensed to practice law; unless you have a license to practice, it would be the unauthorized practice of law...
If the lawsuit is in small claims or justice of the peace court, the corporation does not need to be represented by an attorney and you can do it yourself. The statute is Texas Gevernment Code 28.003 (e).
I don't think there is a law that says a corporation must hire an attorney to represent it. It is common law, case law, that a corporation is an entity. An entity cannot be represented by a non-lawyer. Therefore, by necessity, a lawyer must be retained to represent a corporation...
If the remaining cases do not settle, they will be tried on damages, but not liability, because the parties will have stipulated to be bound by the liability result.
In complex, multiple plaintiff cases, the court may through stipulation and court order allow a “test case” to be tried by one plaintiff to establish liability for all similarly situated plaintiffs. This cost saving technique is best used when liability is almost certain and the defendant cannot or will not admit liability. The test case is also tried on damages so that it can be appealed if necessary. The result may then serve as a template for resolution of the remaining cases by settlement. If the remaining cases do not settle, they will be tried on damages, but not liability, because the parties will have stipulated to be bound by the liability result.
Courts have the power to consolidate cases that raise common questions of fact or issues of law for many purposes, including to hold a single trial.
The consolidated cases began with a dispute between a brother and a sister over how the brother, an attorney, managed their mother’s property. The brother had acted as his mother’s caretaker and legal advisor for her real estate in the U.S. Virgin Islands.
The question before the U.S. Supreme Court was whether the trust case was immediately appealable after judgment was entered despite the fact that the consolidated case remained pending—a position many circuit courts had previously rejected. The Court framed the issue as mainly turning on the nature of “consolidating” cases.
The Court rejected the approach advanced by the brother and a group of retired federal district court judges, among others, who would have allowed district courts more control in deciding when an individual case is appealable.
Texas law does not specifically address this question; however, the registered agent's obligation is generally to the entity, not to the individual persons operating or owning the entity.
The Secretary of State may be appointed or deemed to have been appointed as the statutory agent for service of process for a person under certain circumstances. These circumstances are specifically established by various provisions of Texas law.
Service on the Secretary of State, discussed above in FAQ #2 may be an option. Additionally, section 5.255 of the BOC provides the following for the purpose of service or process, notice, or demand: