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5th Circuit

‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper

Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.

Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)

Policy informs the result when the statutory language is ambiguous.
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‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says

Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
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Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive

Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.
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Fifth Circuit Makes Student Loans Even More Difficult to Discharge

Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
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Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims

Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.
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Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants

Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
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Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract

Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
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Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says

Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
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