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ABI Journal

Rochellel's Daily Wire

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 District

October 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 District

September 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 District

August 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 District

June 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 District

June 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 District

June 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 District

May 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 District

April 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 District

March 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