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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Contractor’s Inchoate Lien Defense Defeats a Preference, Most Courts Hold
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
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.
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Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer
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.
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Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
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Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
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