MALONE AKERLY MARTIN PLLC

8750 N. Central Expressway, Suite 1850
Dallas, Texas 75231
(214) 346-2636 Telephone
(214) 346-2631 Facsimile
(972) 841-6769 Cell
bakerly@mamlaw.com

Mr. Akerly is a name partner in Malone Akerly Martin PLLC and practices in the areas of:

  • Creditors’ rights
  • Business and Commercial Litigation
  • Bankruptcy – creditor, financial workouts/restructurings
  • Agricultural law and food safety litigation

EDUCATION

  • Texas Tech University School of Law (J.D., cum laude, 1982; Board of Barristers)
  • Southwest Texas State University (B.A., with honors, 1979)

EXPERIENCE

  • 30+ years of representing corporate, financial, banking, and real estate clients, secured and unsecured creditors, to enforce rights and obligations in the context of civil litigation and bankruptcy.
  • Representation of clients in trial and appellate process before administrative agencies and state and federal courts. Representation has included the negotiation, settlement, mediation, trial and appeal of various forms of commercial, bankruptcy and business entity disputes, commercial collection litigation, and other contested matters. Over so trials before bench and jury. Over 20 cases briefed and argued before appellate courts resulting in 20 reported decisions.
  • Litigation experience includes prosecution and defense of various actions, including equitable relief and legal damages. Bankruptcy experience includes the prosecution and defense of challenges to claims, fraudulent conveyance and preferential transfer actions, purchase and sale of assets, creditor committee and trustee representation, and turnover and declaratory judgment proceedings.
  • Transactional experience includes the sale and purchase of a variety of interests in real and personal property, in addition to workouts and restructures of indebtedness.
  • Appellate experience includes representing clients in appeals before federal and state appellate court.  Mr. Akerly has filed and argued over 30 cases on appeal.

WORK HISTORY

Berman Fichtner & Mitchell LP (Associate, 1984-1988)

Johnson & Wortley (f/k/a Johnson & Swanson PC) (Shareholder, 1989-1995)

Bell Nunnally & Martin LLP (Equity Partner, 1995-2010)

Cantey Hanger LLP (Equity Partner, 2010-2016)

Malone Akerly Martin PLLC (Equity Partner, September 2016-current)

BAR ADMISSIONS & CERTIFICATIONS

  • State Bar of Texas, 1982 (Business Litigation and Bankruptcy Sections)
  • U.S. Supreme Court, 2008
  • U.S. Court of Appeals for the Fifth, Sixth and Tenth Judicial Circuit
  • U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas, Western and Eastern Districts of Wisconsin, the Western District of Tennessee, and the Eastern District of North Carolina

PROFESSIONAL & COMMUNITY INVOLVEMENT

  • Law Clerk, Hon. Mary Lou Robinson, United States District Court, Northern District of Texas {1982-1984)
  • Dallas Bar Association (Bankruptcy and Litigation Sections)
  • State Bar of Texas, Bankruptcy Section
  • Dallas Bar Association, Bankruptcy Section
  • ACA International (MAP division)
  • ACA. Texas (Southwest)
  • Commercial Law League of America
  • American Bankruptcy Institute
  • International Factoring Association
  • Society of Financial Service Professional (Dallas Chapter)
  • Recognized as a Super Lawyer, by Super Lawyers, a Thomson Reuters rating service appearing in Texas Monthly, 2006, 2007, 2012, 2013, 2014, 2015, 2016 and 2017
  • Rated AV Preeminent–Lexis/Nexus, Martindale Hubbell (2017)
  • Eagle Scout (BSA 1972)
  • Assistant Scout Master, Troop 845, Coppell, Texas

NEWS & EVENTS

  • Mr. Akerly publishes a monthly E-newsletter, Creditors’ Rights and Bankruptcy (posted at Akerlylaw.com)
  • Mr. Akerly teaches a class quarterly at Southern Methodist University entitled “Survey of Law” (SMU CAPE)
  • Mr. Akerly was selected, again, as Super Lawyer by his peers for 2017 (Texas Monthly)

PUBLICATIONS & PRESENTATIONS

2018

  • [Upcoming] Go All In With Specialty Debt Collection – Tips And Strategies In Collecting From Bankruptcy, Trusts and Probate (Panel discussion; Receivables Management Association Convention, February 2018, Las Vegas, Nevada)
  • [Upcoming] How To Bust A Trust (Or, Avoid A Trust Being Busted (National Business Institute Teleseminar, March 6, 2018)

2017

  • What Every Estate Planning Professional Should Know About Bankruptcy (Rio Grande Valley Estate Planning Council)
  • How to Bust a Trust (Estate Planning Council of North Texas
  • The Texas Agricultural Product Lien Statute – A Necessary Tool To Enhance Recovery Of Accounts (Texas Nursery & Landscape Association – TNLA Green Magazine)

2016

  • Presentation/Publication, The impact of Bankruptcy and Receiverships on Construction Liens and Claims, National Plasterers Convention, Fort Worth (CLLA, Februa1y 2016)
  • Presentation/Publication, Intercreditor Agreements: New Case Law, Top Mistakes and Drafting Tips (NBI, June 2016)
  • Presentation/Publication, What Every Estate Planning Professional Should Know About Bankruptcy(Estate Planning Council of North Texas October 2016)

2015

  • Tele-Seminar, Advanced Collection Law. Topics and materials- The FDCPA, Tips for Use of Social Media in Debt Collections, Alter Ego and Veil Piercing, Post-Judgment Receiverships and Turnover Proceedings, and Post-Judgment Discovery Strategies. (NBI, June 15, 2015)
  • Participated in a panel discussion entitled Credit Bidding Considerations In And Out Of Bankn1ptcy (In Light Of Fisker Automotive) which was presented at the annual conference of the MERITAS Creditors’ Rights & Practice Group in Puerto Rico (February)
  • Published an article in the Winter 2015 edition of the ACA Southwest Collector entitled Resolving To Elevate Business Returns In 2015
  • Presentation to the Colleyville Texas Chamber’s Small Business Breakfast Group entitled When Is Enough Enough? (Knowing When To Call It Quits When Mining Business Prospectus (January)
  • Selected to teach six week course this Spring entitled Survey of Law offered by Southern Methodist University’s Continuing And Professional Education program (Spring 2015)
  • •Featured in the State Bar of Texas Bankruptcy Law Section Newsletter, March, 2015 ·with and article Bankruptcy Litigation- Using The Fruits Of Bankruptcy Rule 2004 Discovery In Contested Matters And Adversary Proceedings
  • Featured an article for the Strategic Capital Corporation’s March, 2015 Newsletter entitled The Impact of Bankruptcy on Structured Settlements.

2014

  • 10 Sure-Fire Steps To Avoid Business Problems, (city bizlist Dallas, February 27, 2014)
  • Assignments and Participations in Various Legal Environments, Meritas Financial Services Group Meeting, Fort Lauderdale, Florida, February 21, 2014
  • What Every Litigator Should Know About Bankruptcy (CH/CLE)
  • Dealing With Preference Demands And Litigation Strategies (ACA International 75th Anniversary Convention- Chicago, July 23-25, 2014)
  • Akerly’s 10 Commandments of Legal Marketing (CH/CLE)
  • “What Every Litigator Should Know About Bankruptcy”, presented to Cantey Hanger litigators June 25, 2014.
  • “An Overview of the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civ11 and Commercial Matters, The Legalization and Authentication of Foreign Public Documents, and The Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters”, the National Federation of  Paralegal Professionals Convention, October  9th, 2014, Dallas, Texas.
  • Designing a Credit Application That Works For Your Business (And Not Just Your Customers), Produce Ops Magazine (2014)
  • An Overview Of The Hague Convention On The Service Abroad Of Judicial And Extra-Judicial Documents In Civil And Commercial Matters (National Federation of Paralegal Professionals, Annual Convention- 2014, Dallas, Texas)

2013

  • Student Loans And Bankruptcy (ACA International, Collector, January 2013)
  • Party Talk: Giving and Not Giving Advice in Social Settings (Fort Worth Business Press, Apri126, 2013)
  • The Impact of Bankruptcy on Collections The Creditor’s Perspective (National Business Institute- Collection Law

From Start To Finish, June 20, 2013)

  • Avoiding Ethical Entanglements in Collections (National Business Institute- Collection Law From Start To Finish, June 20, 2013)
  • Why Should I Care About Bankruptcy? (ACA International, Annual Conference, July 2013)
  • Resolving to Avoid Legal Issues and Enhance Collections in 2013 (ACA Southwest Collector Connector, Winter 2013)
  • The Doctrine of Virtual Representation in Bankruptcy Cases Cavere Creditoris (Commercial Law League of America, Commercial Law World, July/August/ September 2013)

2012

  • State Bar of Texas, Appellate Section, Bankruptcy Appeals: A Primer (Revisited), Vol. 25, No.1 (2012)
  • Preventing and Reducing Cost of Litigation (National Association of Credit Managers Teleconference)
  • Preserving Claims in Bankruptcy (National Association of Credit Managers Teleconference)
  • How to Respond to a Preference Demand Letter (Without Freaking Out) (ACA Texas, Southwest Collector) (2012)
  • How to Respond to a Preference Demand Letter (Practical Advice From a Seasoned Professional), Commercial Factor (International Factoring Association Magazine) (2012)
  • Claim Litigation; Bankruptcy Appeals; Bankruptcy Litigation (National Business Institute, Bankruptcy Litigation 101 Seminar)  (April2012)

2011

  • E-Contracting Basics (New Flash, Red Book Credit Reporting Service, (Three Part Series)
  • Eye on Dallas: Dealing With Municipal Debt -Is Bankruptcy a Viable Option? (Dallas Business Journal- City Biz List, July 29, 2011)
  • Produce Suppliers No Longer Risk Loss Of PACA Trust Protection By Entering Into Post-Default Payment Term Agreements (Producing Effective Legal Results for the Produce Industry -August 17-19, 2011, South Padre Island, Texas)
  • Prosecuting And Defending Claims Under The PACA Trust-Questions And Answers (Producing Effective Legal Results for the Produce Industry- August 17-19, 2011, South Padre Island, Texas)
  • An Overview Of The Hague Convention On The Service Abroad Of Judicial And Extra-Judicial Documents In Civil And Commercial Matters, The Legalization And Authentication of Foreign Public Documents, and The Recognition And Enforcement Of Foreign Judgments In Civil And Commercial Matters (Texas Advanced Paralegal Seminar- October 6, 2011)
  • Top 10 Things a Credit Manager Can Do To Enhance Collections in Bankruptcy (National Association of Credit Managers- October 19, 2011)
  • Five Ways to Enhance Debt Collections (Red Book Credit Reporting Service- News Flash, September 21, 2011)
  • The Impact of Bankruptcy on Judgment Enforcement- The Creditors’ Perspective (National Business Institute Judgment Enforcement, November 2, 2011)

2010

  • Protecting Creditor’s Rights During Bankruptcy (National Business Institute)
  • The Impact of Bankruptcy on Collections The Creditors’ Perspective (American Collectors Association of Texas – Annual Conference)
  • The Impact of Bankruptcy on Foreclosure- The Creditors’ Perspective (The Rosedale Group- Teleconference)
  • Chapters 7 and 13 From the Creditors’ Perspective (National Business Institute -Consumer Bankruptcy: The Basics of Chapter 7 and 13)
  • Ten Tips for Dealing With Bankruptcy of an Account Debtor- (Without Losing More Arms and Legs) (ACA Texas Conference, September 2013)

2009

  • Acquiring Assets From Distressed Companies- Buyer Beware! (Lorman Education Services- Legal Update Newsletter)
  • The Impact of Bankruptcy on Collections (National Business Institute Teleconference)
  • Bankruptcy in Texas- Overview of Chapter 11/Preference Actions (Lorman Education Services)
  • Chapter 11- The Creditors’ Position (National Business Institute- Teleconference)
  • Discharge and Dischargeability -Inaccuracies on Schedules and Ways to Prevent Them -A Creditor Attorney’s Perspective (13th Annual DFW Area Chapter 13 Consumer Bankruptcy Seminar)
  • ContractsWhat Makes an Effective Contract? (Red Book University Teleconference)
  • Remedies on Breach of Contract and Bankruptcy (Red Book University Teleconference)
  • E-Contract Basics (Red Book University Teleconference)
  • Impact of Bankruptcy on Actions Under the Perishable Agricultural Commodities Act of1930 (National Business Institute Teleconference)
  • The Impact of an Annuity Servicer’s Bankruptcy on the Annuitant and/or the Settlement Purchaser (National Association of Settlement Purchasers, Annual Conference, Las Vegas, Nevada)
  • The Impact of Chapter 7 Bankruptcy on a Factoring/Servicing Company s Obligations (Podcast-Structured Settlement 4Real)

2008

  • Judgment Enforcement in Texas, Lorman Education Services -Bankruptcy and the Judgment Creditor (oral presentation and written materials)
  • Preference Law Update -Did the Bankruptcy Reforms Do Any Good? (A Creditors’ Perspective) (National Association of Credit Managers- Credit Financial Development Division – SW Chapter- DFW)
  • Consumer Debt Collection (National Business Institute) Impact of Bankruptcy on Collections (oral presentation and written materials)
  • Common Mistakes Credit Managers and Collectors Make Regarding Bankruptcy (National Association of Credit Managers, Southwest- Credit Advanced Placement Class) (oral presentation and written materials)

1994

  • B. Akerly and C. Ozburn, The Impact of Confirmation and Post- Confirmation Remedies: A Practical Guide, 3 J. Bankr. Law &Prac. (1994)