November 18, 2021
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.
August 20, 2021
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.
August 10, 2020
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
February 7, 2019
An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.
January 29, 2019
Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.
January 22, 2019
O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.
March 15, 2016
Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.
January 6, 2016
Specific intent to benefit the lender not required before surcharging collateral.