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5th Circuit

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine

After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.

No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases

Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases?

Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules

Test case on preferences deepens a circuit split and lays the groundwork for certiorari.

Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days

Community property homestead rights are lost if only one spouse files bankruptcy.

Courts Split on Retention of Property on Individual’s Conversion from Chapter 11 to 7

Ninth Circuit BAP is a better venue for individuals converting from ‘11’ to ‘7.’

Terminating a Contract Is a Transfer of an Asset — Sometimes

Judge Higginbotham has been busy writing important opinions.

Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

Salary Paid for Poor Performance Is No Fraudulent Transfer

Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.

Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.