Rochellel's Daily Wire

April 20, 2016

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

5th Circuit, Texas, Texas Western District

April 19, 2016

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

5th Circuit, Texas, Texas Eastern District

March 21, 2016

Fifth Circuit Ducks an Undecided Issue on Automatic Stay Violation

Dissenter would have used a $1 case to rule on an issue of first impression.

5th Circuit

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