August 22, 2024
Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.
August 16, 2024
Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?
August 7, 2024
To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’
July 26, 2024
Seeking attorneys’ fees from the debtor for a postpetition civil rights violation does not by itself make a postpetition lawsuit subject to the automatic stay.
July 9, 2024
Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.
June 26, 2024
Payments from insurance must be properly structured to avoid preference liability.
June 7, 2024
The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.
June 6, 2024
Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.
May 31, 2024
The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.
May 17, 2024
The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?