June 24, 2019
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
June 20, 2019
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
June 11, 2019
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
June 4, 2019
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
May 30, 2019
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
May 15, 2019
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.