5th Circuit

Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
Court: 

No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says

Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
Court: 

Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
Court: 

Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.
Court: 

Trustee’s Counsel Is Paid Only for Services Requiring Legal Expertise

A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
Court: 

Are Inheritances Estate Property in Chapter 13? You Decide

Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.

Lender Socked in Dallas with $17 Million in Damages for Breach of Contract and Fraud

A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.

Fifth Circuit Has Rigid Standards for Chapter 7 Debtors to Have Standing to Appeal

An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.
Court: 

Arbitration Clause Not Enforceable When the Contract Itself Was Rejected

Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.

Res Judicata Limits an Objection to a Claim Allowed in a Prior Bankruptcy

Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
Court: 

Pages