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

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

Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.

Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.