May 01, 2024
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
5th Circuit
April 20, 2024
Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.
5th Circuit
April 09, 2024
The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.
5th Circuit
March 14, 2024
Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.
5th Circuit, Texas, Texas Northern District
February 26, 2024
The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.
5th Circuit
February 06, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
5th Circuit
February 05, 2024
Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.
5th Circuit
January 25, 2024
The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.
5th Circuit
January 17, 2024
Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.
5th Circuit, Texas, Texas Southern District
