December 26, 2019
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
5th Circuit
December 12, 2019
Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.
5th Circuit
December 03, 2019
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
5th Circuit
October 25, 2019
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
5th Circuit
October 22, 2019
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
5th Circuit
September 05, 2019
Policy informs the result when the statutory language is ambiguous.
5th Circuit
August 29, 2019
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
5th Circuit
August 28, 2019
Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.
5th Circuit
August 02, 2019
Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
5th Circuit
