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ABI Journal

Rochellel's Daily Wire

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 District

August 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 District

March 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 District

October 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 District

October 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 District

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

February 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 District

October 14, 2020

‘13’ Plans Already in Default on March 27 May Be Extended Under the CARES Act

Judge Grabill finds nothing in Section 1329(d) to preclude extending the duration of a plan if payments were already in default when the CARES Act was enacted on March 27.

5th Circuit, Louisiana, Louisiana Eastern District

July 24, 2020

Increasingly Popular SBRA Permits Restructuring Personal Guarantees of Corporate Debt

More than 600 cases have already been filed under the SBRA since subchapter V of chapter 11 became effective in February.

5th Circuit, Louisiana, Louisiana Eastern District

February 24, 2020

Fifth Circuit’s Seminal Reed Decision Not Followed in Chapter 13

Bankruptcy judge finds no statutory power for a chapter 13 trustee to prosecute a lawsuit that the debtor was judicially estopped for pursuing.

5th Circuit, Louisiana, Louisiana Eastern District