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5th Circuit

Another Court Strikes Down Higher U.S. Trustee Fees in Some Cases

A crisis befalls smaller companies that can’t afford the huge increase in U.S. Trustee fees.

Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment

Per curiam opinion shows that chapter 13 plans aren’t required to be punitive.

An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court

A non-objecting creditor is bound by a third-party release even if the release may have been improper.

Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation

An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.

Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees

Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.

Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor

Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.

Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says

Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.

Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal

O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.

Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t

Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.

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.