May 22, 2025
Two Courts Hold: Injunctions Are Ok to Protect Nondebtors for the Life of a Plan
Judge Meredith Grabill of New Orleans agreed with New York’s Judge Mastando that a Subchapter V plan can enjoin lawsuits against nondebtors for the life of a three-year plan.
5th Circuit, Louisiana, Louisiana Eastern 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 DistrictAugust 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 DistrictMarch 31, 2023
$400,000 in Sanctions Upheld for Violation of a Confidentiality Order
A large sanction was civil, not criminal, because it was designed for deterrence.
5th Circuit, Louisiana, Louisiana Eastern DistrictOctober 27, 2022
Fifth Circuit Interprets Section 363(m) More Broadly than Other Circuits
Anything that is ‘integrally related’ to a sale is moot in the Fifth Circuit, according to a New Orleans district judge.
5th Circuit, Louisiana, Louisiana Eastern DistrictOctober 24, 2022
Judge Grabill Imposes $400,000 in Sanctions for Violation of Confidentiality Order
Subjectively laudable reasons for violating a confidentiality order didn’t absolve the lawyer of sanctions.
5th Circuit, Louisiana, Louisiana Eastern DistrictSeptember 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 DistrictOctober 05, 2021
Surety Bonds Aren’t Executory Contract and Can’t Be Assumed, District Judge Says
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
5th Circuit, LouisianaFebruary 12, 2021
Additional Committee for Commercial Creditors Appointed in Archdiocese Bankruptcy
Judge Grabill would have given commercial creditors either their own committee or special counsel given the different interests of sexual abuse claimants.
5th Circuit, Louisiana, Louisiana Eastern DistrictJanuary 28, 2021
Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors
A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.
5th Circuit, Louisiana, Louisiana Western District