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ABI Journal

Rochellel's Daily Wire

June 20, 2025

WARN Act Damages of $15,100 Per Worker Are Section 507(a)(4) Priority Claims

A chapter 11 debtor may be saddled with smaller WARN Act claims by imposing mass layoffs after filing.

5th Circuit, Mississippi

January 03, 2024

U.S. Trustee Rebuffed in Objecting to Rates Higher than Local Rates

‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).

5th Circuit, Mississippi, Mississippi Northern District

March 11, 2021

Reverse Contingencies Are Permissible in Bankruptcy Cases, Judge Olack Says

Compensation in a bankruptcy case can be based on savings to the estate, not only on cash recoveries by the estate.

5th Circuit, Mississippi, Mississippi Southern District

November 02, 2020

Debt of an Ineligible Affiliate Is Included in the $7.5 Million Cap for Subchapter V

Although ineligible on its own to be a debtor under subchapter V of chapter 11, the debt of the ineligible company is nonetheless aggregated with the debts of its affiliates to determine whether affiliates are eligible for subchapter V.

5th Circuit, Mississippi, Mississippi Northern District

July 10, 2019

Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract

Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.

5th Circuit, Mississippi, Mississippi Southern District

April 19, 2019

Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split

Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.

5th Circuit, Mississippi, Mississippi Southern District

January 25, 2018

The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit

The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.

5th Circuit, Mississippi, Mississippi Southern District

May 15, 2017

Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim

Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.

5th Circuit, Mississippi, Mississippi Northern District

November 07, 2016

Supplier Has No 20-Day Priority Against Partner for Goods Sold to Partnership

Uniform laws bar administrative claims against general partner under Section 503(b)(9).

5th Circuit, Mississippi, Mississippi Northern District