Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz
Appellate court cannot draw inferences not made in the trial court, circuit says.
Court:
Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA
Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.
Forward Contract Merchant Waived Ipso Facto Right to Terminate
Judge avoids tough decision on who is a ‘forward contract merchant.’
Dallas Judge Snubs Sam Wyly’s Attempt to Shelter His Home and Annuities
Sometimes, an annuity is not an annuity, regardless of what the documents say.
Court:
District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions
Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.
Court:
Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel
Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.
Court:
Domino Effect on Bankruptcy Is Enough for ‘Related To’ Jurisdiction, Circuit Says
State procedural laws mandating dismissal are not applicable in federal court.
Court:
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.