Rochelle's Daily Wire

ABI Exclusive

July 24, 2023

The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.

April 21, 2023

Supposedly nefarious facts aren’t evidence of bad faith if they were disclosed to the bankruptcy judge who nevertheless made a finding of good faith.

February 16, 2022

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.

March 5, 2020

Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.

July 25, 2019

Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.

October 31, 2018

Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.

February 8, 2017

Judge Higginbotham has been busy writing important opinions.

February 3, 2017

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

December 16, 2015

Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”