A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.
An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.
Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.