Displaying Journal Articles with Topic 5th Circuit

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

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

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

News flash: Louisiana law is different!

Newly appointed Circuit Judge Willett has a way with words.

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

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

Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.