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.
November 18, 2021
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.
October 27, 2021
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
October 5, 2021
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
5th Circuit , Louisiana ,
October 4, 2021
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
August 20, 2021
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.
August 6, 2021
Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.
July 15, 2021
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.