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ABI Journal

Rochellel's Daily Wire

January 10, 2017

Salary Paid for Poor Performance Is No Fraudulent Transfer

Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.

5th Circuit, Louisiana, Louisiana Eastern District

January 03, 2017

Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.

5th Circuit, Texas, Texas Southern District

November 07, 2016

Supplier Has No 20-Day Priority Against Partner for Goods Sold to Partnership

Uniform laws bar administrative claims against general partner under Section 503(b)(9).

5th Circuit, Mississippi, Mississippi Northern District

November 04, 2016

Debtor May Not Benefit from His Own Fraudulent Transfer

Exemption cannot be claimed in a home recovered as a fraudulent transfer.

5th Circuit, Texas, Texas Southern District

November 03, 2016

Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage

Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).

5th Circuit, Texas, Texas Southern District

October 06, 2016

Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender

District judge prescribes local rule for bankruptcy courts.

5th Circuit, Louisiana, Louisiana Western District

September 19, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 15, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 09, 2016

Judge Ameliorates Louisiana’s Stingy ‘All or Nothing’ Exemption for Wedding Rings

Exemption value to be decided at a ‘one-shot’ public auction.

5th Circuit, Louisiana, Louisiana Western District

September 01, 2016

Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7

Debtors must maintain exempt status of assets until chapter 7 case is closed, judge rules.

5th Circuit, Texas, Texas Southern District