Fifth Circuit Cites ‘Clearly Erroneous’ Findings to Declare a Debt Nondischargeable
Circuit says it’s easy to show reasonable reliance on a false financial statement.
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Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim
The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).
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Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation
Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.
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Fifth Circuit’s Seminal Reed Decision Not Followed in Chapter 13
Bankruptcy judge finds no statutory power for a chapter 13 trustee to prosecute a lawsuit that the debtor was judicially estopped for pursuing.
Lender and Servicer Held Liable for Making False Claim for Real Estate Taxes
Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.
U.S. Receivership Court Had No Jurisdiction over Foreign Liquidators
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
Fifth Circuit Stretches Equitable Notions to Bend Plain Language
A nonprecedential opinion applies Fifth Circuit authority to achieve a result that’s equitable for the debtor and creditors, and maybe also for a personal injury defendant.
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Returning a Fraudulent Transfer Absolves the Recipient of Liability, Fifth Circuit Rules
Assisting a debtor in effecting a fraudulent transfer with ‘actual intent’ isn’t enough to hold the transferee liable.
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Divided Fifth Circuit Again Permits Third-Party Injunctions in Stanford Receivership
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
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