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March 5, 2020
Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation
Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.
July 25, 2019
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
October 31, 2018
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
February 8, 2017
Terminating a Contract Is a Transfer of an Asset — Sometimes
Judge Higginbotham has been busy writing important opinions.
February 3, 2017
Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud
Circuit Judge Higginbotham sees arbitration as an instrument of fraud.
December 16, 2015
Vacation in New Orleans Is Grounds for Removing a Trustee for Cause
Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”