From: Houston, Texas

NACBA’s August 2009 Member of the Month, Johnie Patterson, is a partner in the law firm of Walker & Patterson, P.C. in Houston, TX, which specializes in consumer bankruptcy in the Southern District of Texas and represents debtors in filing Chapter 7 and Chapter 13 cases.  The practice has become increasingly geared toward bankruptcy litigation, and Johnie’s law partner represents debtors defending credit card collection cases in state court.

Johnie’s litigation practice over the last several years has focused on mortgage servicers and their practices in bankruptcy court.  The judges in the area have been receptive to consumer claims and seem interested in requiring the mortgage servicers to comply with the Code and Rules.

The firm has been able to obtain some significant decisions against creditors that have helped debtors to more effectively utilize bankruptcy to fight back against the creditor practices.  Some of their decisions include:

Bartee v. Tara Colony HOA, et al. (In re Bartee), 212 F.3d 277 (5th Cir. 2000) (Cram-down of wholly unsecured liens on principal residence)

Campbell v. Countrywide Home Loans (In re Campbell), 545 F.3d 350 (5th Cir. 2008) (Pre-petition escrow shortage must be included in POC and not collected post-petition in on-going mortgage payment)

Young v. Repine (In re Repine), 536 F.3d 512 (5th Cir. 2008) (Standards for punitive damages under 362(k), emotional distress damages for violation of 362(k) and determination that fees incurred for prosecution of a stay violation case are recoverable)

Select Portfolio v. Galindo (In re Galindo), 2006 U.S. Dist. LEXIS 53077 (D.S.D. Tex 2006) (Contempt sanctions for failure to correct mortgage records)

Sanchez v. Ameriquest Mortgage (In re Sanchez), 372 B.R. 289 (Bankr. S.D. Tex 2007) (Mortgage servicers required to comply with section 506 and Fed. R. Bankr. P. 2016 – must disclose and obtain approval before charging attorney fees to debtor in bankruptcy)

Padilla v. Wells Fargo (In re Padilla), 379 B.R. 643 (Bankr. S.D. Tex 2007) (Mortgage servicers required to comply with section 506 and Fed. R. Bankr. P. 2016 – must disclose and obtain approval before charging attorney fees to debtor in bankruptcy)

Wilborn, et al. v. Wells Fargo, 404 B.R. 841 (Bankr. S.D. Tex 2009) (Class certification re failure to obtain approval of post-petition fees and expenses during chapter 13 proceedings)

eCast Settlement Corp. v. Tran (In re Tran), 369 B.R. 312 (D. S.D. Tex. 2007) (Debt buyers carry burden to prove contract and ownership in pursuing claim in bankruptcy)

Johnie has been a member of NACBA for over four years and was a panelist at the Annual Convention in Hollywood on the session entitled Trial Practice – Discovery & Evidence. 

When asked about the value of membership in NACBA, Johnie replied: “Probably the most useful feature of being a NACBA member is the Listserv.  While I cannot possibly keep up on a day to day basis, the ideas and knowledge from around the country are invaluable in my everyday practice.  The listserv alone is worth the price of admission.”

Johnnie received his BBA in finance and his J.D. from Southern Methodist University. A native Texan, Johnie is the father of four boys, ages 22, 20, 17, and 11.  Not surprisingly most of his free time is spent attending Lacrosse games, track meets, Scout meetings and soccer games. Johnie also enjoys the outdoors and the hunting and fishing that south Texas provides.