January 17, 2024
Reference Withdrawal on Houston Ethics Probe Pits UST Against Bankruptcy Judge
Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.
5th Circuit, Texas, Texas Southern DistrictJanuary 12, 2024
Lender’s Attorneys Paid Twice the Debtor’s Counsel Fees
Unnecessarily holding the lender’s feet to the fire resulted in the allowance of attorneys’ fees to the lender that were twice the debtor’s counsel fees.
5th Circuit, Texas, Texas Western DistrictDecember 18, 2023
Bankruptcy Code Overrides Contrary Delaware Corporate Law, Judge Lopez Says
Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.
5th Circuit, Texas, Texas Southern DistrictNovember 15, 2023
Two Judges Agree: A Class with No Votes Isn’t Considered in Confirming a Sub V Plan
One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.
5th Circuit, Texas, Texas Southern DistrictOctober 26, 2023
Issue Preclusion Saddles Alex Jones with $1.2 Billion in Nondischargeable Debt
Bankruptcy Judge Christopher Lopez of Houston will hold trials that could result in more nondischargeable debt for Alex Jones.
5th Circuit, Texas, Texas Southern DistrictOctober 24, 2023
In Sub V, a Class with No Votes Isn’t Considered in Confirming a Chapter 11 Plan
Former Bankruptcy Judge David R. Jones disagreed with a colleague, who had held that a non-voting class is considered as having voted against a plan.
5th Circuit, Texas, Texas Southern DistrictOctober 04, 2023
Student Loans Consolidated After Filing Can’t Be Discharged, Even for Undue Hardship
Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.
5th Circuit, Texas, Texas Western DistrictSeptember 05, 2023
Payments Were Preferences Even Though They Were Made with Insurance Proceeds
A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.
5th Circuit, Texas, Texas Southern DistrictJuly 20, 2023
Debt for Selling a Gun Used in a Mass Killing Was Dischargeable
Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.
5th Circuit, Texas, Texas Northern DistrictJune 09, 2023
State Exemption for Life Insurance Policies Continues to Be Under Attack in Texas
Defeated three times, a chapter 7 trustee is appealing to the Fifth Circuit to end the exemption for whole-life policies in Texas.
5th Circuit, Texas, Texas Western District