The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
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Fifth Circuit Creates a Circuit Split on Stay Termination for Repeat Filers
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.
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Fifth Circuit Revokes a Controversial Opinion with Dicta on the Solvent-Debtor Exception
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.
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Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
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Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
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‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)
Policy informs the result when the statutory language is ambiguous.
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‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, 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.
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Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive
Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.
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Fifth Circuit Makes Student Loans Even More Difficult to Discharge
Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
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