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5th Circuit

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.
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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.
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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.

Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds

Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
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Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation

Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.

Debtor Allowed to Convert from Chapter 12 to Chapter 11

Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.

Sanctions Upheld Against ‘Nationwide’ Law Firm for Violating Section 526

Law firm suspended 90 days for multiple violations of rules of professional conduct.

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims

Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production

Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.

Insurance Proceeds Are Estate Property, Sometimes

Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.
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