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Texas Western District

Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial

The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.

Another Court Strikes Down Higher U.S. Trustee Fees in Some Cases

A crisis befalls smaller companies that can’t afford the huge increase in U.S. Trustee fees.

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.

A Future Advance Clause Saved a Loan from Being Unperfected

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement

Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.

Exempt Assets Aren’t Always Exempt in Chapter 13

Courts are split on including some exempt assets into the calculation of disposable income.

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

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

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11

Judge lays down a tough rule, then goes easy on consumer debtors.

Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan

Equity powers enable a judge to put the screws to a chapter 13 debtor.