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5th Circuit

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.

Rejecting a Contract Precludes a Suit for Post-Petition Breach

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
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Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions

In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
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The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit

The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.

Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.
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Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

No Statute of Limitations for Suing on a Trustee’s Surety Bond

Removing and discharging a trustee are not synonymous, Houston judge rules.

Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses

To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.
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A Future Advance Clause Saved a Loan from Being Unperfected

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement

Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.

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