Displaying Journal Articles with Topic 5th Circuit

Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.

Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.

A crisis befalls smaller companies that can’t afford the huge increase in U.S. Trustee fees.

Per curiam opinion shows that chapter 13 plans aren’t required to be punitive.

A non-objecting creditor is bound by a third-party release even if the release may have been improper.

An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.

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

Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.

Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.

O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.