Rochellel's Daily Wire

November 16, 2022

Judge Gargotta Splits with the Fourth Circuit on Nondischargeability in Subchapter V

The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).

5th Circuit, Texas, Texas Western District

April 05, 2021

Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order

Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.

5th Circuit, Texas, Texas Western District

January 22, 2020

Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial

The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.

5th Circuit, Texas, Texas Western District

October 17, 2017

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.

5th Circuit, Texas, Texas Western District

July 28, 2017

Exempt Assets Aren’t Always Exempt in Chapter 13

Courts are split on including some exempt assets into the calculation of disposable income.

5th Circuit, Texas, Texas Western District

May 19, 2017

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

5th Circuit, Texas, Texas Western District

February 05, 2016

Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings

Debtors notch three wins and lose once in significant consumer cases.

Supreme Court