Rochelle's Daily Wire

ABI Exclusive

March 21, 2022

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.

March 17, 2022

Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.

February 18, 2022

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.

February 16, 2022

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.

February 3, 2022

A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.

January 27, 2022

Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.

January 4, 2022

A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.

December 17, 2021

An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.

December 15, 2021

Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.

November 19, 2021

Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.