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January 16, 2019

Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
5th Circuit

November 16, 2018

Which Venue Transfer Statute Applies to Non-Core Suits in District Court?
Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.
5th Circuit, Texas, Texas Northern District

October 31, 2018

Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
5th Circuit

October 23, 2018

Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation
Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.
5th Circuit, Texas, Texas Northern District

October 16, 2018

Debtor Allowed to Convert from Chapter 12 to Chapter 11
Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.
5th Circuit, Texas, Texas Northern District

October 02, 2018

Sanctions Upheld Against ‘Nationwide’ Law Firm for Violating Section 526
Law firm suspended 90 days for multiple violations of rules of professional conduct.
5th Circuit, Louisiana, Louisiana Western District

September 17, 2018

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims
Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.
5th Circuit, Texas, Texas Northern District

August 30, 2018

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
5th Circuit, Texas, Texas Western District

August 28, 2018

Insurance Proceeds Are Estate Property, Sometimes
Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.
5th Circuit

August 22, 2018

Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
5th Circuit