Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
Insurance Proceeds Are Estate Property, Sometimes
Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.
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Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
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Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal
Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.
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Specific Request Required for ‘Admin’ Claim after Contract Rejection
A creditor’s expenses in removing its equipment after contract rejection is not entitled to administrative status.
Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says
Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.
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Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power
News flash: Louisiana law is different!
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Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules
Newly appointed Circuit Judge Willett has a way with words.
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Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens
Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.
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Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim
Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.