March 13, 2023
A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.
March 2, 2023
Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.
October 31, 2022
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
June 14, 2022
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.
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 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.
October 27, 2021
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
July 15, 2021
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
May 14, 2021
Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.