Phillips v. First City, Texas — Tyler, N.A. (In Re Phillips)

REAVLEY, Circuit Judge:

The dispositive issue in this appeal is whether Harry S. Phillips (HSP) had legal authority to file a voluntary petition under the Bankruptcy Code’s Chapter 11 on behalf of Phillips & Phillips, Ltd. (P & P) after filing a similar petition on his own behalf. The bankruptcy court held that Texas law did not deprive HSP of that authority. On appeal, the district court held that Texas partnership law would deprive HSP of authority, but that federal Bankruptcy Rule 1004(a) preempted this Texas law. We hold that Texas law deprived HSP of authority to file bankruptcy on P &…