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Rochelle's Daily Wire | ABI Exclusive
Displaying Journal Articles with Topic 5th Circuit
February 15, 2019
Another Court Strikes Down Higher U.S. Trustee Fees in Some Cases
A crisis befalls smaller companies that can’t afford the huge increase in U.S. Trustee fees.
Texas Western District
February 14, 2019
Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
Per curiam opinion shows that chapter 13 plans aren’t required to be punitive.
February 13, 2019
An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court
A non-objecting creditor is bound by a third-party release even if the release may have been improper.
Texas Southern District
February 7, 2019
Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation
An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.
February 6, 2019
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.
January 29, 2019
Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor
Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.
January 23, 2019
Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
January 22, 2019
Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal
O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.
January 16, 2019
Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
November 16, 2018
Which Venue Transfer Statute Applies to Non-Core Suits in District Court?
Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.
Texas Northern District