Jason Binford
Shareholder
512.351.4778 direct
214.437.6650 mobile
jason.binford@rsbfirm.com
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Jason Binford draws on his experience over a nearly two-decade career to assist clients in every aspect of business reorganization, whether inside or outside the courtroom. His understanding of, and experience with, complicated financial and regulatory issues provide an uncommon level of agility and legal sophistication in the representation of debtors, creditor committees, lenders, and every other meaningful stakeholder in large to mid-sized Chapter 11 cases across a diverse set of industries.
Mr. Binford began his career in the Dallas office of Haynes and Boone, LLP, where he had the opportunity to work on some of the most notable and complex bankruptcy cases in the U.S. He later served clients in various markets as a director at Texas-based Kane Russell Coleman & Logan, PC and a partner at the national firm Foley & Lardner LLP. In 2020, Mr. Binford moved back to his hometown of Austin to serve as an Assistant Attorney General in the Bankruptcy & Collections Division of the Office of the Attorney General of Texas where he managed the attorneys on the Bankruptcy Regulatory Team. Mr. Binford and his team appeared in bankruptcy courts on behalf of Texas agencies, spear-heading the state’s participation in every major Chapter 11 case filed in Texas, as well as cases outside the state. The representations cut across every industry including energy, healthcare, environmental, and retail.
In addition to his extensive knowledge of regulatory issues in bankruptcy cases, Mr. Binford has experience in several other areas of law relevant to bankruptcy matters including intellectual property, agriculture, and franchise. Mr. Binford is actively involved in the American Bar Association Forum on Franchising, where he published multiple articles in the Franchise Law Journal and was the publication’s associate editor. He is also the co-editor and co-author of The Bankruptcy Handbook for Franchisors and Franchisees, an American Bar Association publication that is the only book to substantively address the complicated intersections between bankruptcy and franchise law. Mr. Binford is also a frequent author and speaker at industry conferences on various issues of bankruptcy. He has been recognized through board certifications from both the Texas Board of Legal Specialization and the American Board of Specialization.
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• Author, Data Security Issues in § 363 Sales, 43-APR. Am. Bankr. Inst. J. 30 (2024)
• Co-Presenter, Lawyer as Provocateur?, Fifth Circuit Bankruptcy Bench Bar Conference, March 2024
• Panel Speaker, Bankruptcy and the Trademark License: What Franchisors and Franchisees Need to Know After Tempnology, American Bar Association Forum on Franchising, November 2023
• Author, SCOTUS to Take Up Non-Consensual Third-Party Releases in Bankruptcy, The Texas Lawbook, August 22, 2023
• Author, The Role of State and Federal Regulators in Crypto Bankruptcies, 42-MAY Am. Bankr. Inst. J. 28 (2023)
• Speaker, The Quest for a Unified Theory of Rejection, 18th Annual International Bankruptcy Law Seminar, March 2023
• Author, Not Just Any Decision: The Ongoing Power Struggle Between Bankruptcy Courts and State Regulators, The Texas Lawbook, February 15, 2023
• Panel Speaker, Privacy in Bankruptcy: Only You Can Prevent Harm by Sealing, Redacting, or Not Filing, Westbrook Bankruptcy Conference, November 2022
• Panel Speaker, Unwanted Government Attention: Bankruptcy Issues That Will Draw Objections from U.S. Trustees and State Attorneys General, Federal Bar Association Annual Meeting, September 2022
• Panel Speaker, Strategies for Effectively Working with State Attorney General Offices to Resolve Hot-Button Commercial Bankruptcy Issues, American Bankruptcy Institute webinar, March 2022
• Panel Speaker, Executory Contracts/363 Sales/Abandonment: Can You Reject/Sell Out the Government?, National Association of Attorneys General Conference, October 2021
• Panel Speaker, Planning for an Impending Bankruptcy; Drafting to Protect Your Settlements, National Association of Attorneys General Conference, October 2021
• Speaker, Call Me Maybe: Communicating with the Texas Attorney General’s Office on Hot-Button Bankruptcy Case Issues, Dallas Bar Association Bankruptcy Section, August 2021
• Co-Author, Do You Have a Bankruptcy Claim? Are You Sure About That?, Federal Lawyer Magazine, June 2021
• Panelist, Prepackaged Retail Cases In the Post-Amazon and COVID-19 Era, State Bar of Texas, Bankruptcy Law Section, Bench Bar Conference, April 2021
• Co-Author, Use It Before You Lose It, Chapter 11, Gift Cards, and Consumer Protection, 39-OCT Am. Bankr. Inst. J. 14 (2020)
• Panel Speaker, Franchise Agreements in Bankruptcy Cases and Business Restructurings, The Problems and Issues Bankruptcy Can – and Cannot – Solve, American Bar Association Forum on Franchising, October 2020
• Panel Speaker, Executory Contract and Lease Issues, National Association of Attorneys General Conference, October 2020
• Panel Speaker, Recent Developments in Texas, Fifth Circuit Bankruptcy Bench Bar Conference, January 2020
• Author, Uniform Commercial Code Protections Affecting Vendor Claims: Purchase Money Security Interests and Reclamation, National Law Review, October 2019
• Author, Not All Creditors Are Created Equal: Critical Vendors and Bankruptcy, National Law Review, September 2019
• Author, Official Committees of Unsecured Creditors: Why You Should (Or Should Not) Serve, National Association of Credit Management Commercial Services, Business Credit Journal, September 2019
• Author, Don’t Feel Bad for Protecting Your Franchise and Trademark Rights, National Law Review, August 2019
• Author, Storm Preparation: Dealing With Financially Troubled Companies and Avoiding Clawbacks, National Law Review, July 2019
• Author, Preserving and Protecting Value Following Recent Supreme Court Decision Shifting the Landscape on Intellectual Property Licenses, National Law Review, June 2019
• Author, The Supreme Court Decision Mission Product Holdings Inc. v. Tempnology, LLC Has Broad Implications for Licenses and Other Agreements in Bankruptcy, National Law Review, May 2019
• Speaker, Dealing With Supplier Insolvency and Bankruptcy, International Franchise Association Legal Symposium, May 2019
• Author, Trademarks, Bankruptcy, and Leverage: What Manufacturers and Other Trademark License Parties Should Know About a Potential Landmark Case Before the Supreme Court, National Law Review, March 2019
• Author, Franchising and Insolvency, Getting the Deal Through Practice Guide – Franchise, 2019
• Author, Franchisor Bankruptcy Case Dismissed as a Bad Faith Filing, National Law Review, April 2018
• Co-Editor and Co-Author, The Bankruptcy Handbook for Franchisors and Franchisees, American Bar Association, 2018
• Speaker, Retail Bankruptcy Issues, National Association of Credit Management Conference, May 2018
• Speaker, Navigating the Distressed Oil and Gas World, NAPE 2018 Global Business Conference, February 2018
• Speaker, The Basics of Franchisee Bankruptcies, American Bar Association Forum on Franchising, October 2017
• Author, The Supreme Court Rules on Patent Exhaustion, The Licensing Journal, September 2017
• Author, Strange But True: Oil Prices May Mean More E&P Chapter 11 Bankruptcy Filings, Oil & Gas Financial Journal, July 2017
• Co-author, A Deeper Dive Into Franchise Due Diligence, Franchising World, March 2017
• Speaker, Structured Workouts: Franchisor Strategies for Dealing with the Financially-Challenged Franchisee, American Bar Association Forum on Franchising, October 2015
• Speaker, Fort Worth Cattle Raisers Convention, Agriculture Bankruptcy Cases: Protecting Yourself, March 27, 2015
• Author, Issues Raised by the Bankruptcy Filing of a Cooperative Association Member, The Cooperative Accountant, Spring 2015
• Co-author, Paying Milk Producers First: The Power of a Trust Fund Claim, Texas Dairy Review, September 2014
• Co-author, Farmer Favoritism: Statutory Protections for Creditors in Agricultural Cases, 46 Tex. Tech. L. Rev. 377 (2014)
• Speaker, 2014 Annual Meeting of National Society of Accountants for Cooperatives, San Diego, California, August 2014
• Columnist for the online news site Hotel News Now (http://www.hotelnewsnow.com):
- Subtenants, Beware of Bankruptcy & Commercial Leases, March 2016
- Beware of Third Party Releases in Bankruptcy, December 2015
- The Alternatives to a Bankruptcy Filing, July 2015
- Licensing Sees Ratification in Trump Case, April 2015
- The Enforceability of Liquidated Damages Clauses, February 2015
- Franchisors: Striking Out in Bankruptcy Court, November 2014
- How Bankruptcy Affects Franchise Agreements, September 2014
- Determine Whether an Agreement is Executory, July 2014
- The Constitutional Power of a Bankruptcy Judge, June 2014
- Enforcing a Non-Competition Agreement, June 2014
- Preparing for a Franchisor Bankruptcy Filing, April 2014
- Bankruptcies Bring Acquisition Opportunities, March 2014
• Author, Recommendations of the ABI Commission to Study the Reform of Chapter 11: Intellectual Property Licenses, American Bankruptcy Institute Intellectual Property & Tech Committee, January 2015
• Author, Bankruptcy and Assignment of Franchise Agreements Over Franchisor Objection: Response, 33-SUM Franchise L.J. 93 (2013)
• Author, Bankruptcy and the Franchise Agreement, Dallas Bar Association Headnotes, June 2013, at 13
• Author, Assigning a Franchise Agreement Over the Franchisor's Objection: Bankruptcy May Make it Possible, 32-FALL Franchise L.J. (2012)
• Author, Falling Down the Waterfall: Recharacterizing Non-Insider Claims, American Bankruptcy Institute Unsecured Trade Creditors Newsletter, September 2012
• Author, How to Make a Leasehold Mortgage Work – Getting Waivers and Subordinations Without the Landlord Losing Control, International Council of Shopping Centers Law Conference, Phoenix, Arizona, October 2011
• Author, Core and Noncore, Texas Lawyer, December 19, 2011, at 21
• Author, Racing the 210-Day Bankruptcy Clock, Texas Lawyer, November 28, 2011, at 18
• Speaker, Bankruptcy Jurisdictional Issues and the Effects of Stern v. Marshall on Bankruptcy Courts and Beyond, Federal Bar Association - Dallas Chapter, August 2011
• Speaker, Plan B – Why it is Essential to Understand Real Estate and Franchise Issues in Bankruptcy Cases – Even When a Bankruptcy Filing is Not (Yet) Contemplated, International Council of Shopping Centers Annual Real Estate Conference (ReCon), Las Vegas, Nevada, June 2011
• Author, Adequate Assurance of Future Performance: Change the Focus, Change the Results, 30- APR Am. Bankr. Inst. J. 52 (2011)
• Co-author, Equitable Mootness: Will the Surgery Kill the Patient?, 29-SEP Am. Bankr. Inst. J. 40 (2010)
• Speaker, Intellectual Property Licenses in Bankruptcy, Strategies for Licensees and Licensors to Protect IP Interests Under the Code, Stratford Publications, Inc. national webinar CLE, June 2010
• Author, Beyond Chimerical Possibilities: The Meaning and Application of Adequate Assurance of Future Performance Under the Bankruptcy Code, 18 Am. Bankr. Inst. L.R. 191 (2010)
• Speaker, Real Estate Bankruptcies: Single Asset Real Estate and the Lessons of General Growth, Stratford Publications, Inc. national webinar CLE, April 2010
• Co-author, The Top Ten Cases That Every Bankruptcy Practitioner Should Know (Plus Certain Additional Honorable Mentions), 57-FEB Fed. Law. 40 (2010)
• Speaker, Federal Bar Association (Dallas Chapter), Bankruptcy Practice Seminar, February 2010
• Author, Supreme Court Passes on Assumption and Assignment of Trademark License Agreements, 28-JUN Am. Bankr. Inst. J. 36 (2009)
• Speaker, Comparing Trademarks to Other Types of Intellectual Property in Bankruptcy Cases: Apple to Apple, or MacintoshTM to SunkistTM?, 27th Annual Jay L. Westbrook Bankruptcy Conference, November 2008
• Author, Collision Confusion: Where Do Courts Draw the Lines in Applying Bankruptcy Code Section 363(n)?, 24 Emory Bankr. Dev. J. 41 (2008)
• Author, Deadline Hard Line: Bowles v. Russell and the Special Significance of Statutory Deadlines, 26-OCT Am. Bankr. Inst. J. 22 (2007)
• Co-author and speaker, The Ten Most Important Changes Affecting Chapter 11 Practice, continuing legal education program entitled “Understanding the Bankruptcy Reform Act of 2005 in Texas” (2006)
• Co-author, Cramdown Interest: Formulas for Determining Risk, Rate and Return, 14 J. Bankr. L. & Prac. 4 Art. 3 (2005)
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• State Bar of Texas
• United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
• United States Court of Appeals for the Fifth Circuit
• United States Supreme Court
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• The Hon. Larry E. Kelly Bankruptcy American Inn of Court, Barrister
• American Bar Association Forum on Franchising
• American Bankruptcy Institute, member of the Commercial and Regulatory Law Committee
• Texas Bar Foundation
• Federal Bar Association
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• J.D. (cum laude), St. Mary’s University School of Law, 2004
- Editor-in-Chief, St. Mary’s Law Journal
• M.A., International Relations, St. Mary’s University, 2004
- Specialization in Latin American Affairs
• B.B.A., Texas A&M University, 1998
- Certificate in International Business
- Corps of Cadets
• Board Certified by the Texas Board of Legal Specialization in Business Bankruptcy, 2015
• Board Certified by the American Board of Certification in Business Bankruptcy, 2016
• Dallas Bar Association Jo Anna Moreland Outstanding Committee Chair Award (Pro Bono Committee), 2008