Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.
The district court characterized the agreement not as creating a trust but as a device designed to win priority over a prior, perfected security interest.
A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.
Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.