Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal
Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals.
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A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says
Death is a reason for waiving the requirement for completing a financial management course.
Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims
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.
Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
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Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
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No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
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Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says
To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
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Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable
Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.
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Trustee’s Counsel Is Paid Only for Services Requiring Legal Expertise
A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
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Are Inheritances Estate Property in Chapter 13? You Decide
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.