March 17, 2022
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
February 18, 2022
To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
February 16, 2022
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.
February 3, 2022
A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
January 27, 2022
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
January 4, 2022
A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.
December 17, 2021
An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.
December 15, 2021
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
November 19, 2021
Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
November 18, 2021
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.