South Texas College of Law, Annotations (Houston, Tex.), Vol. 3, No. 7, May, 1975 Page: 1 of 4
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Bankruptcy - Visions of Poverty Misconceived
By STEVE GANO
To many people, the word "bankruptcy" carries with
it a certain stigma. One envisions abject poverty, ruthless
and hungry creditors and the prospect of never again
being able to obtain credit.
According to Judge John Blinn, of the Federal
Bankruptcy Court, this is a common misconcpetion due
primarily to a lack of exposure to this type of action.
The objective of the Federal Bankruptcy Court
(formerly Referee in Bankruptcy) is to resolve the
debtor's financial problems "so as to benefit all
concerned," says Judge Blinn.
There is essentially two theories of bankruptcy
actions. In the "straight" or "fresh start" bankruptcy,
the debtor turns over all his assets to the court, to be
distributed pro rate among his creditors. In return, the
debtor receives a complete discharge from all his debts.
Judge Blinn points out that the debtor's credit may
well be improved, because he is realeased from the debts
which previously prevented him from meeting his
obligations. In addition, the debtor is precluded from
taking advantage of the Bankruptcy Act for the next 6
Under the "rehabilitation" theory, the debtor is
allowed to continue in business under the court's
supervision, and his creditors are stayed from proceeding
against him. This is typically used where the prospects
are good that the debtor will be able to pay his debts in
The bankruptcy action is not only beneficial to the
debtor but can also benefit the creditors.
Since the disposition of assets is determined by the
Trustee, the creditors are protected from unwarranted
claims against the debtor and fraudulent transfers by
him. Further, they are assured of at least a partial
settlement of their claim.
When asked if current economic conditons have
caused an increase in the number of actions filed, Judge
Blinn responded: "In 1963 we had 63 bankruptcy
actions, in 1974 we had 1,200." "Filings this year show
a 72% increase over last year."
"One problem in Harris County is that there are not
enough qualified practitioners," says Judge Blinn.
It appears that the popularity of the bankruptcy
action is growing rapidly. Judge Blinn repeatedly
emphasized that the end objective of the court is to
assist and rehabilitate the debtor, while making a fair
distribution among creditors.
Bankruptcy is not the calamity to the debtor that it is
often thought to be. It should be regarded as a
constructive measure capable of saving your client or
yourself from total financial ruin. These days, it's nice to
know there is at least one alternative!
Vol. in No. 7
By JOE COLLETTI
ANNOTATIONS Staff Writer
Effective with the
pre-registration of re-enrollees
for the Summer Session, 1975, a
deferred service fee of $7.50 will
be charged on any balance of
more than $100.00.
According to Dean Walker,
this $7.50 fee will be applied to
reduce administrative costs of
sending deferred tuition
payment notices and will also be
applied toward the maintenance
of the deferred tuition payment
The $7.50 fee will be charged
to any student who maintains a
balance which exceeds $100.00.
This balance includes any
deferred charges which are
incurred by the student
including tuition, deferred exam
fees, and any other charges in
which the student elects to defer
Dean Walker says that the
$7.50 charge will not cover the
total costs incurred by the
administration. The deferred
payment file is expense and
But, Dean Walker says, the
need for a deferred tuition plan
for the students at South Texas
College of Law is great and the
$7.50 fee is only to help the
administration continue to
maintain the deferred tuition
payment plan in the future.
State Moot Court Tryouts
Draw 4Best Group Ever'
The Student Bar Association
presented a "Past President
Award" to outgoing SBA
president, Jim Skelton at its last
general meeting on April 10.
The plaque was given to
Skelton, SBA secretary Rick
Butler said, in recognition of the
'Vast accomplishments he made
for the students of South Texas
throughout his term."
Programs he instituted
include: student counseling for
incoming students, an outline
and exam Hie, an enlarged
speaker program, a grade
deadline, and numerous social
All students have benefited in
one way or another from
Skelton's work, Butler said.
"And, his achievements will
truly have a lasting effect on the
school which will inure to the
benefit of students in the
Nine Moot Couriers argued
singly for twelve minutes each
on any ground of their choice
during the try outs for the three
member state team on the
evening of April 3, 1975. The
question argued was the same as
the Spurgeon E.Bell
Competition which was held
earlier in the Spring.
Chosen for the team were
Michael L. O'Brien and Kirkland
L. Brush both of whom
represented STCL on last year's
state and national teams.
The third choice was hotly
contested by seven participatns
from the Bell Competition. A
close decision by the Judges was
made between George A. Burks,
William E. Gordon, and Bruce L.
Jamison with George Burks
taking a decided edge over the
Judges selecting the team
were attorneys Carl Haggard, Bill
Rosch, Charles S. Szekely, and
James M. Seabolt, who called
this year's tryouts "the best
The Judges fired a barrage of
questions at each person trying
out to determine how well each
fielded questions and could
return to his original argument.
Mike O'Brien was complimented
by the Judges for having the best
command of the law. While
explaining their decision the
Judges stressed forcefulness of
delivery as a decisive factor.
While Mike O'Brien and Kirk
Brush, a previous debater, have
honed their Moot Court skills at
two prior competitions, George
Burks attributes his ability to
partially relax before an
audience or judges and to field
question to his years of teaching
high school english and college
english and literature at the
University of South Carolina and
at the University of Miami.
Mr. Burks described his
approach to the problem to.be
much like method acting. He
believed in his role and had
someone asked him at the time,
he was Counsel for the State.
The State Moot Court
Competition is traditionally helá
at the State Bar Convention
which will be held in Dallas the
first week in July, 1975.
The STCL Client Counselling Team
was eliminated in the Nationals
LtoR. Bob Ramey, Bill Garrett,
Coach Weigel, and Bruce Anderson.
Law School Joins AALS
The New York Law School independent law school was
newspaper reports the
Association of American Law
Schools (AALS) has granted
The accreditation of the
made possible by a recent
change in the AALS policy of
not admitting schools not
associated with a university.
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McGuffey, Paul. South Texas College of Law, Annotations (Houston, Tex.), Vol. 3, No. 7, May, 1975, newspaper, May 1975; Houston, Texas. (texashistory.unt.edu/ark:/67531/metapth144353/m1/1/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting South Texas College of Law.