November 07, 2024
A Plan Appeal Wasn’t Equitably Moot, Even Though Reversal Might Rejigger New Equity
A district court in Houston denied a motion to dismiss a confirmation appeal as equitably moot, although reversal might alter ownership of the reorganized debtor.
5th Circuit, Texas, Texas Southern DistrictOctober 10, 2024
The ‘Insured vs. Insured’ Exclusion in a D&O Policy Doesn’t Apply to a DIP
When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.
5th Circuit, Texas, Texas Southern DistrictSeptember 13, 2024
Sub V Trustee May Be Discharged When the Debtor Makes Plan Payments
Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.
5th Circuit, Texas, Texas Northern DistrictAugust 28, 2024
Houston Judge Confirms an ‘Opt-Out’ Plan with Nondebtor Releases
In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.
5th Circuit, Texas, Texas Southern DistrictJune 26, 2024
Payments Made with Insurance Nevertheless Were Preferences, District Judge Says
Payments from insurance must be properly structured to avoid preference liability.
5th Circuit, Texas, Texas Southern DistrictJune 07, 2024
Three Years Is the ‘Default’ Duration for a Subchapter V Plan, Judge Robinson Says
The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.
5th Circuit, Texas, Texas Western DistrictJune 06, 2024
Sub V Trustee Lacks Standing to Pursue an Adversary Proceeding for the Debtor
Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.
5th Circuit, Texas, Texas Southern DistrictMay 09, 2024
Sub V Plan Doesn’t Require Automatic Increases Based on Actual Disposable Income
Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.
5th Circuit, Texas, Texas Western DistrictApril 05, 2024
Barton Doctrine Protected a Receiver from an Automatic Stay Violation
The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.
5th Circuit, Texas, Texas Southern DistrictMarch 14, 2024
Creditor Hit with $826,000 in Sanctions for Filing a Meritless Proof of Claim
Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.
5th Circuit, Texas, Texas Northern District