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September 13, 2022

Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says
Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.
5th Circuit, Louisiana, Louisiana Eastern District

August 24, 2022

Fifth Circuit Permits Gatekeeping to Serve the Function of Third-Party Releases
Adhering to the categorial prohibition of nondebtor third-party releases, the Fifth Circuit now allows a workaround to protect principal participants in chapter 11 cases.
5th Circuit

August 19, 2022

Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts
The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.
5th Circuit

August 10, 2022

Bankruptcy Removal Isn’t the Same as General Removal, Fifth Circuit Explains
Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.
5th Circuit

August 01, 2022

A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically
Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.
5th Circuit, Texas, Texas Southern District

July 25, 2022

FERC Strikes Out a Third Time in the Fifth Circuit on Rejecting Power Contracts
FERC tried the patience of the Fifth Circuit by arguing again that the agency can bar a chapter 11 debtor from rejecting a filed-rate contract.
5th Circuit

July 22, 2022

The Right to Credit Bid Does Not Preclude Charging a Buyer’s Premium at Auction
When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.
5th Circuit, Texas, Texas Southern District

July 06, 2022

Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal
Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals.
5th Circuit

June 27, 2022

A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says
Death is a reason for waiving the requirement for completing a financial management course.
5th Circuit, Texas, Texas Western District

June 14, 2022

Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
5th Circuit, Texas, Texas Northern District