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November 07, 2024

A district court in Houston denied a motion to dismiss a confirmation appeal as equitably moot, although reversal might alter ownership of the reorganized debtor.

October 10, 2024

When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.

September 25, 2024

A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.

September 13, 2024

Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.

September 12, 2024

For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.

August 28, 2024

In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.

August 22, 2024

Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.

August 16, 2024

Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?

August 07, 2024

To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’

July 26, 2024

Seeking attorneys’ fees from the debtor for a postpetition civil rights violation does not by itself make a postpetition lawsuit subject to the automatic stay.