Displaying Journal Articles with Topic 5th Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.

Student loan lender’s argument was ‘preposterous,’ judge says.

Removing and discharging a trustee are not synonymous, Houston judge rules.

To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.

Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.

After rehearing, the Fifth Circuit rediscovers the snapshot rule by giving finality to exemptions in chapter 7.

Petition characterizes Fifth Circuit as standing alone by rejecting the ‘snapshot rule' for exemptions.

Courts are split on including some exempt assets into the calculation of disposable income.