Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
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.
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.
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.