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5th Circuit

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.
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Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules

Newly appointed Circuit Judge Willett has a way with words.
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Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens

Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.
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Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim

Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.

District Court Allows 401(k) Contributions in Chapter 13 Up to the IRS Limits

Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.

Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.
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Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana

Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.

Leased but Unused Personal Property Qualifies for an Administrative Claim

Circuits are split on requiring use of leased equipment before allowing an administrative claim.

Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says

Confirmation order cannot turn someone else’s property into estate property.

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