July 24, 2017

IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13

Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.

5th Circuit

July 20, 2017

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

5th Circuit

June 14, 2017

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit, Texas, Texas Northern District

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit, Texas, Texas Southern District

May 23, 2017

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

5th Circuit, Texas, Texas Southern District

May 19, 2017

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

5th Circuit, Texas, Texas Western District

May 16, 2017

After Chapter 13 Dismissal, Counsel Fees Aren’t Paid

Harris v. Viegelahn extended from chapter 13 conversions to dismissals.

5th Circuit, Louisiana, Louisiana Western District

May 15, 2017

Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim

Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.

5th Circuit, Mississippi, Mississippi Northern District

May 10, 2017

Violation of Professional Ethics Resulted in a Nondischargeable Debt

Two ethical lapses resulted in a nondischargeable debt.

5th Circuit

April 11, 2017

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

5th Circuit, Texas, Texas Southern District