March 15, 2016

Lawyers Beware: Fees Can’t Be Paid from PACA Trust Funds

Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.

5th Circuit

March 14, 2016

Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead

Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.

5th Circuit, Texas, Texas Southern District

March 11, 2016

Fifth Circuit Finds an Exception to General Rule on Appellate Standing

Debtors facing discharge denial have standing to appeal claim allowances.

5th Circuit

March 09, 2016

Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time

Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees.

5th Circuit, Texas, Texas Southern District

February 09, 2016

United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds

Restriction on post-confirmation suits is further limited in the Fifth Circuit.

5th Circuit, Texas, Texas Southern District

January 27, 2016

Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11

Judge lays down a tough rule, then goes easy on consumer debtors.

5th Circuit, Texas, Texas Western District

January 21, 2016

Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly

Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit.

5th Circuit

January 13, 2016

Fatally Defective Complaint Can Still Have ‘Related To’ Jurisdiction

Fifth Circuit warns about conflating jurisdiction and the merits.

5th Circuit

January 11, 2016

Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases

Generic language won’t release third parties in the Fifth Circuit.

5th Circuit

January 07, 2016

Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan

Equity powers enable a judge to put the screws to a chapter 13 debtor.

5th Circuit, Texas, Texas Western District