October 04, 2023
Student Loans Consolidated After Filing Can’t Be Discharged, Even for Undue Hardship
Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.
5th Circuit, Texas, Texas Western DistrictSeptember 25, 2023
Nonpurchase Money Debt Service on a Car Isn’t a Deductible ‘Ownership’ Cost in ‘13’
Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.
5th Circuit, Louisiana, Louisiana Western DistrictSeptember 05, 2023
Payments Were Preferences Even Though They Were Made with Insurance Proceeds
A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.
5th Circuit, Texas, Texas Southern DistrictAugust 21, 2023
Government Bar Date Applies to DOE Loans Even When the Servicer Is Private
As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.
5th CircuitAugust 17, 2023
Fifth Circuit Adheres to ‘Person Aggrieved’ for Appellate Standing in Bankruptcy
Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.
5th CircuitAugust 16, 2023
A Suit to Impose a Prepetition Policy Didn’t Violate the Automatic Stay, District Judge Says
Seeking attorneys’ fees from the debtor did not by itself make a postpetition lawsuit subject to the automatic stay.
5th Circuit, Louisiana, Louisiana Eastern DistrictAugust 04, 2023
Fifth Circuit Approves Breakup Fees as ‘Admin’ Expenses or Costs of Sale
The Fifth Circuit avoided deciding whether approval of breakup fees is judged by the more lenient Section 363(b) or the more exacting standard for administrative expenses under Section 503(b).
5th CircuitJuly 24, 2023
Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing
The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.
5th CircuitJuly 20, 2023
Debt for Selling a Gun Used in a Mass Killing Was Dischargeable
Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.
5th Circuit, Texas, Texas Northern DistrictJune 22, 2023
No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan
Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.
5th Circuit