March 02, 2023
Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.
5th Circuit, Texas, Texas Northern District
February 15, 2023
When it comes to overbroad exculpations and nondebtor releases, a nonseverability clause in a chapter 11 plan won’t invoke equitable mootness to dismiss an appeal from confirmation.
5th Circuit, Texas, Texas Southern District
February 02, 2023
In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.
5th Circuit
February 01, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
5th Circuit, Texas, Texas Southern District
January 13, 2023
Interference with state regulators can compel a bankruptcy court to abstain, even if abstention was not required under 28 U.S.C. § 1334(c).
5th Circuit
November 16, 2022
The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).
5th Circuit, Texas, Texas Western District
