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October 25, 2019

Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says
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 Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
5th Circuit

October 11, 2019

‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
5th Circuit, Texas, Texas Northern District

September 05, 2019

Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)
Policy informs the result when the statutory language is ambiguous.
5th Circuit

August 29, 2019

‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says
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

Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive
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 Makes Student Loans Even More Difficult to Discharge
Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
5th Circuit

August 01, 2019

Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims
Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.
5th Circuit

July 25, 2019

Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
5th Circuit

July 10, 2019

Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
5th Circuit, Mississippi, Mississippi Southern District