The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.

Supposedly nefarious facts aren’t evidence of bad faith if they were disclosed to the bankruptcy judge who nevertheless made a finding of good faith.

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.

Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.

Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.

Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.

Judge Higginbotham has been busy writing important opinions.

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”