Creditor Hit with $826,000 in Sanctions for Filing a Meritless Proof of Claim
Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.
Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales
The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.
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Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
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Sitting on the Sidelines in a Chapter 11 Case Sometimes Doesn’t Pay Off
Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.
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Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says
The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.
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Reference Withdrawal on Houston Ethics Probe Pits UST Against Bankruptcy Judge
Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.
Lender’s Attorneys Paid Twice the Debtor’s Counsel Fees
Unnecessarily holding the lender’s feet to the fire resulted in the allowance of attorneys’ fees to the lender that were twice the debtor’s counsel fees.
U.S. Trustee Rebuffed in Objecting to Rates Higher than Local Rates
‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).
Bankruptcy Code Overrides Contrary Delaware Corporate Law, Judge Lopez Says
Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.
Two Judges Agree: A Class with No Votes Isn’t Considered in Confirming a Sub V Plan
One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.