David O'Dens

odens@settlepou.com | 214.560.1708 direct
David ODens

ABOUT

In junior high school, David became fascinated with the way trial attorneys present evidence and arguments, and from then on he wanted to be an attorney. Today, he is Chair of SettlePou’s Creditor’s Rights & Bankruptcy practice. He represents creditors in all aspects of workouts, foreclosures (non-judicial and judicial), bankruptcy, commercial collection litigation, and lender liability defense. David also has substantial experience in bankruptcy proceedings, including adversary litigation. Prior to assuming his role in the firm’s Creditor’s Rights & Bankruptcy practice, David spent more than three decades handling commercial litigation honing his trial advocacy skills; he continues to handle substantial litigation matters for clients. Additionally, he represents real estate brokers and agents in litigation, having successfully defended real estate professionals against a variety of claims, including breach of contract, deceptive trade practices, fraud in the sale of real estate, common law fraud, negligent misrepresentation, and negligence. In addition, David’s practice includes appellate advocacy and briefing in complex litigation. He has successfully handled cases before the United States Supreme Court, the United States Courts of Appeal for the Fifth and Tenth Circuits, and Texas and Oklahoma state appellate courts. He also was an Instructor-in-Law at his alma mater, Oklahoma City University School of Law, where he taught legal research and writing, and appellate advocacy.

David has been honored as a Life Fellow of the Texas Bar Foundation. Texas Bar Fellows represent 1/3 of 1% of State Bar of Texas attorneys. These Fellowships are awarded to attorneys who are dedicated to the law and the cause of justice, and who are of high professional standing among their peers. Election as a Life Fellow is one of the highest honors that can be bestowed upon a member of the State Bar of Texas. The goals of the Texas Bar Foundation include the encouragement of legal assistance to the indigent and needy, education of the public, and strengthening of the legal profession and judiciary.

In his spare time, David enjoys playing golf and reading, particularly about the history of World War II and the Greatest Generation, of which his parents and in-laws were a part. As a part of his community service, he served on the City of Plano Civil Service Commission for three terms and the last six years as chairman.

With more than 35 years of litigation and trial experience, David has successfully represented clients in over 100 first-chair trials. He has also effectively handled a substantial number of appeals arising out of those trials, in both state and federal courts. Clients can rely on David for his experience as well as his ability to understand their needs and objectives in order to tailor a case strategy with their goals in mind.

AREAS OF PRACTICE

  • Creditor’s Rights & Bankruptcy Litigation
  • Commercial Litigation
  • Appellate Litigation
  • Real Estate

EDUCATION

  • University of Texas at El Paso, B.A., 1982
  • Oklahoma City University School of Law, J.D., 1985; Merit Scholar; National Moot Court Team (1983-84;1984-85); The Order of Barristers; Phi Delta Phi; Instructor-in-Law (1988-89)

ADMISSIONS & HONORS

  • Texas State Bar Admittance, 1989
  • Oklahoma State Bar Admittance, 1985 (Legal Interin,1984)
  • Life Fellow, Texas Bar Foundation
  • AV Preeminent Rating, Martindale-Hubbell
  • The Top 50 Attorneys of Dallas, Attorney Intell (2022)
  • Texas Top Rated Lawyers of 2015 (Bankruptcy, Collections Law & Real Estate Law)
  • Texas Top Rated Lawyers of 2014 (Commercial Litigation, Real Estate Law & Bankruptcy), Martindale-Hubbell
  • Best’s Directory of Recommended Attorneys and Adjusters, A.M. Best Co., 2012,2013,2014
  • 2010 Top Texas Jury Verdicts (Real Estate Transactions), Verdict Search by ALM (In re Goff, 579 Fed.Appx. 240 (5th Cir. 2014)).
  • 2009 Top Texas Jury Verdicts (Contracts), Verdict Search by ALM (Manley v. Wachovia Small Business Capital, 349 S.W.3d 233 (Tex. App.—Dallas 2011)
  • Trial Advocacy Diploma, National Institute of Trial Advocacy (University of Notre Dame, 1989)
  • U.S. Supreme Court, 1988
  • U.S. Court of Appeal, Fifth Circuit, 1991
  • U.S. Court of Appeals, Eighth Circuit, 2015
  • U.S. Court of Appeal, Tenth Circuit, 1985
  • U.S. District Court, Northern District of Texas, 1989
  • U.S. District Court, Southern District of Texas, 2002
  • U.S. District Court, Eastern District of Texas, 1992
  • U.S. District Court, Western District of Texas, 2006
  • U.S. District Court, Northern District of Oklahoma, 1987
  • U.S. District Court, Eastern District of Oklahoma, 1986
  • U.S. District Court, Western District of Oklahoma, 1985

ASSOCIATIONS

  • State Bar of Texas, Creditor’s Rights and Litigation Sections
  • Dallas Bar Association, Bankruptcy and Commercial Law Sections
  • Oklahoma Bar Association
  • City of Plano Civil Service Commission (Member 2009; Vice Chairman 2010; Chairman 2011-2017)

ARTICLES & PRESENTATIONS

  • Author, Collection Law Tips and Strategies: Collecting the Judgment—Methods That Work, NATIONAL BUSINESS INSTITUTE, November 2009
  • Servicios Comerciales Lamosa, S.A De C.V. v. De La Rosa, 328 F. Supp. 3d 598 (N.D. Tex. 2018)
  • Reported Case: Bayer Crop Science, LLC v. Stearns Bank National Association, 837 F.3d 911 (8th Cir. 2016)
  • Reported Case: Bagwell v. Ridge at Alta Vista Investments I, LLC 440 S.W.3d 287 (Tex. App.—Dallas 2014)
  • Reported Case: Holmes v. Graham Mortgage Corp., 449 S.W.3d 257 (Tex. App.—Dallas 2014)
  • Reported Case: In re Estate of Hardesty, 449 S.W.3d 895 (Tex. App.—Texarkana 2014)
  • Reported Case: In re Goff, 579 Fed.Appx. 240 (5th Cir. 2014).
  • Reported Case: American Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865 (Tex. App.—Dallas 2014)
  • Reported Case: Principal Life Insurance Co. v. Revalen Development, LLC, 358 S.W.3d 451 (Tex. App.—Dallas 2012)
  • National City Bank v. Texas Capital Bank, N.A, 353 S.W 3d 581 (Tex.App – Dallas 2011)
  • Reported Case: Manley v. Wachovia Small Business Capital, 349 S.W.3d 233 (Tex. App.—Dallas 2011)
  • Reported Case: Jantzen v. American National Bank of Texas, N.A., 300 S.W.3d 412 (Tex. App.—Dallas 2009)
  • Reported Case: In re Supplement Spot, LLC, 409 B.R. 187 (Bankr. S.D. Tex. 2009)
  • Reported Case: Bank of Texas, N.A. v. Gaubert, 286 S.W.3d 546 (Tex. App.—Dallas 2009)
  • Reported Case: In re Rogers, 354 B.R. 792 (N.D. Tex. 2006), aff’d, 513 F.3d 212 (5th Cir. 2008)
  • Reported Case: Miller v. Prosperity Bank, N.A., 239 S.W.3d 440 (Tex. App.—Dallas 2007)
  • Reported Case: Abrams Centre National Bank v. Farmer, Fuqua & Huff, P.C., 225 S.W.3d 171 (Tex. App—El Paso 2005)
  • Reported Case: In re Blair, 334 B.R. 374 (Bankr. N.D.Tex. 2005)
  • Reported Case: Tex-Hio Energy Partnership v. Garner, 106 S.W.3d 886 (Tex. App.—Dallas 2003)
  • Reported Case: Kacal v. Cohen, 13 S.W.3d 900 (Tex. App.—Waco 2000)
  • Reported Case: Hollister v. Palmer Independent School District, 958 S.W.2d 956 (Tex. App.—Waco 1998)
  • Reported Case: Nobelman v. American Savings Bank, 968 F.2d 483 (5th Cir. 1992), aff’d, 508 U.S. 324, 113 S.Ct. 2106 (1993)
  • Reported Case: Communication Workers of America v. Southeastern Electric Cooperative of Durant, Oklahoma, 882 F.2d 497 (10th Cir. 1989)
  • Reported Case: Amalgamated Transit Union, Local 993 v. City of Oklahoma City, 710 F.Supp. 1321 (W.D. Okla. 1988)
  • Reported Case: In re Country Boy Markets, 287 N.L.R.B. 234 (1987)
  • Reported Case:Taylor v. Johnson, 706 P.2d 896 (Okla. 1985) (Legal Intern)
  • Unreported Case: PlainsCapital Bank v. Reaves, No. 05-17-01184-CV, 2018 WL 6599020 (Tex. App. – Dallas Dec. 17, 2018) (mem. op.)
  • Unreported Case: Prell v. Bowman, No. 05-17-00369-CV, 2018 WL 2473850 (Tex. App. – Dallas Jun. 4, 2018) (mem. op.)
  • Unreported Case: Mills v. Graham Mortgage Corp., No. 05-13-00707-CV, 2014 WL 2916870 (Tex. App. – Dallas Jun. 24, 2014) (mem. op.)
  • Unreported Case: Logic Energy Solutions, LLC v. Boulter, No. CIV-14-0011-F, 2014 WL 12588521 (W.D. Okla. Mar. 14, 2014) (mem. op.)
  • Unreported Case: In re Goff, No. 4:12-cv-785, 2013 WL 12134149 (E.D. Tex. Sept. 18, 2013) (mem. op.), aff’d, 579 Fed. Appx. 240 (5th Cir. Aug. 22, 2014)
  • Unreported Case: Principal Commercial Acceptance, LLC v. Buchanan Fund V, LLC, No. 01-11-00787-CV, 2012 WL 6095236 (Tec. App. – Houston [1st Dist.] Dec. 6, 2012) (mem. op.)
  • Unreported Case: Bush v. Johnson-Sewell Ford Lincoln Mercury, No. 03-07-00443-CV, 2008 WL 5210932 (Tex. App. – Austin Dec. 12, 2008) (mem. op.)
  • Unreported Case: Capital One, N.A. v. Swisher, No. 3:08-cv-1040-D, 2008 WL 5157845 (N.D. Tex. Dec. 8, 2008) (mem. op.)
  • Unreported Case: Capital One, N.A. v. Swisher, No. 3:08-cv-1040-D, 2008 WL 4274499 (N.D. Tex. Sept. 17, 2008)(mem. op.)
  • Unreported Case: National Utility Service, Inc. v. Xanser Corp., No. 3:03-cv-0878-P, 2003 WL 22939107 (N.D. Tex. Dec. 1, 2003) (mem. op.)
  • Unreported Case: Brown v. First National Bank of Kemp, No. 12-23-00297, 2024 Tex. App. LEXIS 3232 (Tex. App. – Tyler May 22, 2024)
  • Unreported Case: Lalani v. Development SWC 121/423, L.P., No. 05-22-01226, 2024 Tex. App. LEXIS 3631 (Tex. App. – Dallas May 24, 2024)