District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans
Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.
Court:
Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.
Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction
Unartful complaint didn’t prove fatal on a change-of-venue motion.
Fifth Circuit Ducks an Undecided Issue on Automatic Stay Violation
Dissenter would have used a $1 case to rule on an issue of first impression.
Court:
Lawyers Beware: Fees Can’t Be Paid from PACA Trust Funds
Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.
Court:
Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead
Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.
Fifth Circuit Finds an Exception to General Rule on Appellate Standing
Debtors facing discharge denial have standing to appeal claim allowances.
Court:
Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time
Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees.
United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds
Restriction on post-confirmation suits is further limited in the Fifth Circuit.