Jason Rodriguez

Photo of Jason Rodriguez

Jason Rodriguez focuses on reorganization and distressed debt litigation as well as lender defense litigation. Having previously represented debtors in bankruptcy and served as a Federal Bankruptcy Court law clerk, Jason now represents banks and lenders in state and federal court. Jason is a member of the John C. Ford American Inn of Court, Turnaround Management Association, Dallas Area Young Bankruptcy Lawyers, among others. Jason has appeared and argued before courts across the country. To learn more about Jason, visit the Firm’s website.

Latest Articles

As much as any Bank would prefer to avoid being pulled into a Federal Criminal case, the fact of the matter is: it happens. I have had occasion to deal with a few of these for clients and have some suggestions.  The blog post considers a Bank’s response in the event a borrower is the subject of a Federal Grand Jury Proceeding and the Bank receives a subpoena. For those of you who have not…
There is a growing trend in the world of finance whereby the loan documents and signatures for the loan documents are all electronic. That is to say, there was never an actual physical document and thus no “signature” in the classic sense of the word.  The statutes are in place to deal with that trend, but a lack of case law makes disputes among Banks assigning these notes an open question.  Its always good to…
In an earlier post on the scope of Attorney-Client privilege, I briefly mentioned the existence of an exception to the powerful Attorney-Client privileged.  That exception is the Crime-Fraud exception which, if properly invoked, has the ability to totally destroy the Attorney-Client privilege.  Because the exception seems relevant to the current news cycle, I thought I would write a quick note on the exception. See also, Miley Cyrus. Something most folks don’t internalize is: the privilege…
At the point in time when the economic structure of loan becomes financially unsupportable for the borrower, a lender is faced with a few options.  The lender could simply default the loan and begin collection activity.  Alternatively, the lender could seek to re-work the deal in some way to provide some breathing room for the borrower.  No good deed goes un-punished, so it’s good to understand the impact of the two most common types of…
When making a secured loan, the process of making sure your collateral is actually – legally – your collateral can be more difficult than expected or later determined. The steps are fairly simple, but the analysis and execution can be lacking for a number of technical reasons which can render your first priority lien a junior lien or gone all together if you are not careful. There are numerous opportunities to mess up collateralizing things…
Things are not great in brick and mortar retail, and they really haven’t been for some time.  Most people are aware of this, but this is a quick note on the status of retail bankruptcy cases and the outlook for the year.   In 2017, there were more major retail bankruptcy cases filed than during any given year of the “great recession”.  Twenty-six in total with at least $50MM in liabilities.  Obviously a large number. …
In good times many lenders are willing to approve a loan which is secured only by accounts receivable.  The ability to value A/R seems more straightforward than it actually is when considering underwriting.  There are several legal and practical problems with collecting A/R which will reduce its ultimate value to a lender if the lender ends up needing to monetize the A/R following default.  This post will discuss A/R and collecting the A/R. Let’s begin…
In some recent minor news coverage the issue of attorney-client privilege has come up.  It often is surprising to non-lawyers (and non-litigators) how limited that privilege actually is in scope.  Many clients tend to assume that any conversation with an attorney will be protected.  However, the scope of the attorney client privilege is much more limited, and, not understanding that will result in your “privileged” communications becoming public record. Let’s start with the general rule…
In prior posts I have discussed what bit coin is, in terms of describing the technical aspects of the thing.  Bit coin is only one of numerous non-fiat currencies which currently exist, and seems to be the most common.  In this post I will not be focusing on the technical nature of non-fiat currencies, but rather consider what the character of a non-fiat currency is legally.  Stated more directly, is a bit coin legally a…
Facebook terms reviewed.  This blog is usually not a data security blog (although it’s something I care about); but the recent scandal with Facebook made me curious just what users agree to by using the site.  As the saying goes, “if the product is free, you are the product.” Credit: The Sound of Music, 1965. 20th Century Fox. Say goodbye to you personal data. Full disclosure, I do not maintain a Facebook page.  I understand…