Rochellel's Daily Wire

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

August 06, 2018

Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal

Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.

5th Circuit

July 26, 2018

Specific Request Required for ‘Admin’ Claim after Contract Rejection

A creditor’s expenses in removing its equipment after contract rejection is not entitled to administrative status.

5th Circuit, Louisiana, Louisiana Eastern District

July 17, 2018

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

5th Circuit

July 02, 2018

Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power

News flash: Louisiana law is different!

5th Circuit

June 25, 2018

Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules

Newly appointed Circuit Judge Willett has a way with words.

5th Circuit

June 21, 2018

Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens

Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.

5th Circuit

June 19, 2018

Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim

Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.

5th Circuit, Texas, Texas Southern District