Rochellel's Daily Wire

August 24, 2016

Fifth Circuit and Texas Supreme Court Part Company on Ponzi Fraudulent Transfers

Fifth Circuit reluctantly lets a trade supplier off the hook for a fraudulent transfer from a Ponzi scheme.

5th Circuit

August 12, 2016

Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz

Appellate court cannot draw inferences not made in the trial court, circuit says.

5th Circuit

August 03, 2016

Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA

Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.

5th Circuit, Louisiana, Louisiana Western District

July 26, 2016

Forward Contract Merchant Waived Ipso Facto Right to Terminate

Judge avoids tough decision on who is a ‘forward contract merchant.’

5th Circuit, Louisiana, Louisiana Western District

July 21, 2016

Dallas Judge Snubs Sam Wyly’s Attempt to Shelter His Home and Annuities

Sometimes, an annuity is not an annuity, regardless of what the documents say.

5th Circuit

July 07, 2016

District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions

Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.

5th Circuit

June 01, 2016

Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel

Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.

5th Circuit, Louisiana

May 24, 2016

Domino Effect on Bankruptcy Is Enough for ‘Related To’ Jurisdiction, Circuit Says

State procedural laws mandating dismissal are not applicable in federal court.

5th Circuit

May 09, 2016

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel

Conversion to chapter 7 bars judicial estoppel on claim arising after filing.

5th Circuit, Texas, Texas Northern District

May 06, 2016

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

5th Circuit