You had an arbitration provision in your agreement and you've obtained an arbitration award. What do you do now that the debtor has not paid and is located in Texas?
TIMESTAMPS:
00:00 — Topic introduction
00:34 — The fact pattern
00:47 — Applicable law (CPRC ch. 171)
00:55 — How this should work in Texas, Generally
01:15 — Digging Deeper into the Statute
02:30 — Recovery of Attorney's Fees?
02:48 — Vacating, Modifying, or Correcting an Arbitration Award
04:14 — Where to File the Application to Confirm the Arbitration Award
05:08 — Two Things Every Applicant will Wish was Included in the Agreement to Arbitrate
05:46 — Some Takeaways from this Episode
06:25 — Digression about Debtor-Friendly Nature of Texas and Post-Judgment Collections
07:46 — Digression into TUFTA (Texas Uniform Fraudulent Transfer Act)
08:21 — How Arbitration Confirmation Proceedings can Go Sideways (and why a good attorney's fees provision in the arbitration agreement can be so important)
09:13 — Hopefully, the Debtor will become Interested in Paying (but if not, post-judgment discovery will allow you to investigate deeply)
09:57 — Conclusion
10:02 — Outro (and disclaimer)
Links:
Website: www.keith.law (https://www.keith.law/)
LinkedIn Profile (https://www.linkedin.com/in/jason-keith-0736a931/)
Calendly Page to Schedule a Call (https://calendly.com/keithlawpllc/20minute)
DISCLAIMER: This audio is for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for listening to the Keith Law, PLLC podcast.
