Dallas Bar Association
HEADNOTES
Focus Bankruptcy & Commercial Law
May 2014 Volume 39 Number 5
Dallas Loses Icon in Legal Community Judge Louis A. Bedford, Jr. Passed Away on April 10, 2014
ognize his name, and that he may not be known or remembered by a people who received the bounty of his labor and wisdom. Durham, an emancipator, removed so many legal shackles from our arms and legs. I will speak of Durham’s dedication and total In 1990, when Bedford was 64 years old, he wrote an imaginative, thoughtful article for Headnotes, commitment to equal justice under the law. He describing what he would say about his life when he had the ability to transform the hostile environment which existed in most no longer was able to “stand before the courtrooms to an impartial and bar.” (Perhaps he was too young to equitable setting. Durham was an write his reminiscences, but during his outstanding trial lawyer and often lifetime so many dramatic changes had received favorable verdicts for Afritaken place that it must have seemed can Americans from all white juries to him that he was already very old.) when the opposing party and attorThere had been joys but also tribulaney were white. tions in his own practice, he wrote, When I become an old lawyer and the tribulations left the deepest and and can no longer stand before the most lasting impressions. bar, I will tell all who will listen His central theme was the debt he of my big brothers, J.L. Turner, Jr. felt he owed to the African American and C.B. Bunkley, Jr., and how they lawyers who had inspired him through Hon. L.A. Bedford, Jr. walked with and guided me along their courageous work and made it the way. J.L. Turner, Jr., affectionately known as possible for him and others to have a legal career. When Bedford’s career at last was over, he wrote, Brother Turner, was a scholar, philosopher, quite, he would “walk slowly away, my sun setting in my dignified, reliable, a true friend, and a son who heart, I will be watching the sun rise as I see young held his father, J. L. Turner, Sr., in high esteem. African American lawyers taking my place before I will speak of C.B. Bunkley, Jr., who was one of the Bar.” [Taken from Quest for Justice by Darwin my dearest and closest friends. I will speak of his ability to make impromptu speeches which would Payne] stir the souls of those who heard him. A gentleman, he was, yet bold, aggressive, and unyielding Headnotes, November 1990 in and out of the courtroom when fighting against When I become an old lawyer and can no inequities and the right to be treated with respect. longer stand before the bar, and all I have are C.B. Bunkley, Jr., was a devoted family man with memories of times long past, I will tell to all who deep moral and religious convictions, and a servant of his community. will listen of my tribulations and joys. When I become an old lawyer and can no I will recall the beginning, not expecting anything, yet expecting everything. I had the feeling longer stand before the bar, I will speak of the that I was trodding new paths which many are to decades of the 50s and 60s. In the 50s, African follow. Perhaps I was to become a new Moses in American lawyers were subjected to retaliation for a new land infested by old prejudices and hatred. representing and participating in civil rights suits. I will speak of Judges who knew not the meaning The threat of barratry and disbarment where ever of justice, and being surrounded by a sea of white- present for those who sought equality by attackness that covered the courthouse, except for jani- ing unjust laws. The times were hostile and sometime scary, yet it was a most rewarding time. The tors who were invisible. When I become an old lawyer and can no friendships, caring, and trust that existed among longer stand before the bar, I will tell all who the few of us could never be understood by those will listen of those Comets, dedicated intense, who will hear my words. I will tell of the 60s and the fire that swept and brilliant, who illuminated the legal sky for all seeking justice and equality from a hostile and over the college campuses. Young men and women burning with desire to become first class racist legal system. I will speak of men who maintained their dig- citizens in their lifetime. I will tell all who will nity and never lost their pride, whose eloquence listen about the students who attended Wiley and with words and knowledge of the law could never Bishop Colleges, both then located in Marshall, be denied. I will recall J.L. Turner, Sr., a very small a small East Texas town. I will speak in reverman of stature, but stood as tall as a giant when ence, with tears in my eyes, of Romeo Williams, he walked into the Dallas County courthouse in my friend and fellow lawyer, and Mattie Mae 1896, and proclaimed to all that he would prac- Ella Johnson, a student at Bishop, both of whom tice law and protect the property rights of his lost their lives in a tragic accident shortly after people. I will ask those who will listen to imagine leaving the Harrison County Courthouse. I will the pain, humiliation, bias, and injustice he must always remember with pride and respect those have endured. Also imaging the courage, bold- students who faced the criminal justice system, ness, and Mr. Turner’s ability to overcome fear physical abuse, and possible death for the cause of and apprehension in the hostile environment justice and equality. When I become an old lawyer and can no lonexisting in the halls of justice of Dallas County, ger stand before the bar, I will tell all who will lisin the year of 1896, almost a hundred years ago. When I become an old lawyer and can no ten that no accumulation of wealth can bring the longer stand before the bar, I will speak in awe joy and satisfaction that one receives by knowing and with reverence of W.J. Durham, my leader, that his efforts helped to loosen the legal shackmy idol and mentor. I may be shocked and sadcontinued on page 17 dened that so few African American lawyers rec-
Inside 5 A Primer on Fraudulent Transfer Actions in Bankruptcy Court 11 Personal Liability of Officers and Directors 13 Accepting Payment From Strangers Can Buy You Strict Liability 17 Options When One of Multiple Defendants Files Bankruptcy
Kinky Suits Hits the Greer Garson Theatre in June by Michelle M. Alden
Join the cast and crew of Bar None June 11-14 as they present Kinky Suits. This is the 29th year for the Bar None variety show, and it promises to be the best show yet. Watch Dallas area lawyers and judges sing, dance and make you laugh so hard your sides hurt. As much as the cast and crew love performing and making people laugh, their real motivation is to support the Sarah T. Hughes Diversity Scholarship program. The scholarship program was established in honor of U.S. District Judge Sarah T. Hughes, a former trustee of the Dallas Bar Foundation, who devoted herself to improving the rights of women and minorities. The Hughes Scholarship at the Dedman School of Law at SMU provides tuition and fees for deserving minority students each year. The Dallas Bar Foundation takes its responsibility for finding deserving recipients seriously. If you have ever met a Hughes Scholar, you know how impressive these students are. Support them by coming to Bar None.
Thousands of volunteer hours go into putting on such a large production each year. The hours come from lawyers all over the metroplex including 29-year veteran Director Martha Hardwick Hofmeister and Producer Tom Mighell, as well as the choreographers, script writers, committee members, actors and numerous behind-the-scenes staff. All of these Bar Noners share a passion for making a difference in the lives of the Scholars, our legal community and, for a few hours, the audience members. Show your support for the Dallas legal community and the Hughes Scholars by heading to the Greer Garson Theatre on the SMU Campus June 11-14. To purchase tickets, visit www. barnoneshow.com. Or contact Elizabeth Philipp at (214) 2207487 or ephilipp@dallasbar.org for sponsorship and ticket informa HN tion. Michelle Alden is the Managing Attorney of the Dallas Volunteer Attorney Program and a Member of the Marketing Committee of the Bar None Production Company. She can be reached at aldenm@lanwt.org.
Does Advertising Work? It Just Did! Don’t miss your opportunity to advertise (print & online) in the #1 “Legal Resource & Expert Witness Guide” in Dallas County. Ad Deadline: May 12 Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com