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5th Circuit

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

After Chapter 13 Dismissal, Counsel Fees Aren’t Paid

Harris v. Viegelahn extended from chapter 13 conversions to dismissals.

Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim

Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.

Violation of Professional Ethics Resulted in a Nondischargeable Debt

Two ethical lapses resulted in a nondischargeable debt.

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?