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ABI Journal

Rochellel's Daily Wire

January 12, 2024

Lender’s Attorneys Paid Twice the Debtor’s Counsel Fees

Unnecessarily holding the lender’s feet to the fire resulted in the allowance of attorneys’ fees to the lender that were twice the debtor’s counsel fees.

5th Circuit, Texas, Texas Western District

January 03, 2024

U.S. Trustee Rebuffed in Objecting to Rates Higher than Local Rates

‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).

5th Circuit, Mississippi, Mississippi Northern District

December 18, 2023

Bankruptcy Code Overrides Contrary Delaware Corporate Law, Judge Lopez Says

Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.

5th Circuit, Texas, Texas Southern District

November 15, 2023

Two Judges Agree: A Class with No Votes Isn’t Considered in Confirming a Sub V Plan

One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.

5th Circuit, Texas, Texas Southern District

November 01, 2023

A Debtor Can’t Assign Only Part of an Executory Contract, Fifth Circuit Says

Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.

5th Circuit

October 26, 2023

Issue Preclusion Saddles Alex Jones with $1.2 Billion in Nondischargeable Debt

Bankruptcy Judge Christopher Lopez of Houston will hold trials that could result in more nondischargeable debt for Alex Jones.

5th Circuit, Texas, Texas Southern District

October 24, 2023

In Sub V, a Class with No Votes Isn’t Considered in Confirming a Chapter 11 Plan

Former Bankruptcy Judge David R. Jones disagreed with a colleague, who had held that a non-voting class is considered as having voted against a plan.

5th Circuit, Texas, Texas Southern District

October 20, 2023

Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

5th Circuit

October 16, 2023

28 U.S.C. § 1961(a) Requires Post-Judgment Interest, the Fifth Circuit Holds

As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).

5th Circuit

October 12, 2023

Glomming On to an Entire Insurance Policy Can Be a Voidable Preference, Circuit Says

The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.

5th Circuit