Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition
The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.
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Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana
Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.
Leased but Unused Personal Property Qualifies for an Administrative Claim
Circuits are split on requiring use of leased equipment before allowing an administrative claim.
Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says
Confirmation order cannot turn someone else’s property into estate property.
Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
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State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says
The distributive share to co-owners is not fixed as of the filing date under Section 363(j).
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Fifth Circuit Expands Hawk to Permit Sale of a Home After a Chapter 7 Filing
Selling a home after filing chapter 7 does not destroy the homestead exemption.
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Interim Fee Awards in Chapter 13 Are OK Before Conversion
District judge changes local practice in the bankruptcy court on interim awards in chapter 13.
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.
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.
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