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November 19, 2021

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

November 18, 2021

The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.

October 27, 2021

Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.

October 05, 2021

An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.

October 04, 2021

The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.

August 20, 2021

It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.

August 06, 2021

Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.

July 15, 2021

Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.

July 12, 2021

Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.

May 14, 2021

Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.