December 26, 2019
The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
December 12, 2019
Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.
December 3, 2019
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
October 25, 2019
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
October 22, 2019
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
October 11, 2019
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
September 5, 2019
Policy informs the result when the statutory language is ambiguous.
August 29, 2019
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
August 28, 2019
Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.