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Rochelle's Daily Wire | ABI Exclusive

June 11, 2019

Contractor’s Inchoate Lien Defense Defeats a Preference, Most Courts Hold
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
5th Circuit , Texas , Texas Northern District ,

April 2, 2019

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
5th Circuit , Texas , Texas Northern District ,

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.
5th Circuit , Texas , Texas Northern District ,

October 23, 2018

Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation
Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.
5th Circuit , Texas , Texas Northern District ,

October 16, 2018

Debtor Allowed to Convert from Chapter 12 to Chapter 11
Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.
5th Circuit , Texas , Texas Northern District ,

September 17, 2018

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims
Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.
5th Circuit , Texas , Texas Northern District ,

June 14, 2017

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds
Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.
5th Circuit , Texas , Texas Northern District ,

May 9, 2016

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
5th Circuit , Texas , Texas Northern District ,