Rochelle's Daily Wire

ABI Exclusive

August 28, 2024

In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.

August 22, 2024

Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.

August 16, 2024

Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?

August 7, 2024

To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’

July 26, 2024

Seeking attorneys’ fees from the debtor for a postpetition civil rights violation does not by itself make a postpetition lawsuit subject to the automatic stay.

July 9, 2024

Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.

June 26, 2024

Payments from insurance must be properly structured to avoid preference liability.

June 7, 2024

The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.

June 6, 2024

Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.

May 31, 2024

The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.

Pages