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ABI Journal

Rochellel's Daily Wire

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 District

January 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 District

December 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 District

November 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 District

October 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 District

October 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 District

October 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 District

September 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 District

July 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 District

June 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