Rochelle's Daily Wire

Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.

The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.

The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.

Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.

Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.

Unnecessarily holding the lender’s feet to the fire resulted in the allowance of attorneys’ fees to the lender that were twice the debtor’s counsel fees.