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June 24, 2019

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
5th Circuit

June 20, 2019

Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
5th Circuit

June 11, 2019

Contractor’s Inchoate Lien Defense Defeats a Preference, Most Courts Hold
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
5th Circuit, Texas, Texas Northern District

June 04, 2019

Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
5th Circuit

May 30, 2019

Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
5th Circuit

May 15, 2019

Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
5th Circuit

May 14, 2019

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
5th Circuit

May 10, 2019

Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm
Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.
5th Circuit

May 08, 2019

Appellate Jurisdiction Doesn’t Terminate on Dismissal of the Underlying Bankruptcy
New Orleans district judge finds discretion in Fifth and Ninth Circuit authority for jurisdiction over an appeal after dismissal of the underlying bankruptcy case.
5th Circuit, Louisiana, Louisiana Eastern District

April 26, 2019

Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says
Fifth Circuit in substance says that state law overcomes the Bankruptcy Code’s broad definition of who’s a creditor entitled to notice.
5th Circuit