Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Court:
Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions
In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
Court:
The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit
Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.
Court:
Even ‘False’ Debts Are Discharged
Student loan lender’s argument was ‘preposterous,’ judge says.
No Statute of Limitations for Suing on a Trustee’s Surety Bond
Removing and discharging a trustee are not synonymous, Houston judge rules.
Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses
To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.
Court:
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.
Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.