November 16, 2018
Which Venue Transfer Statute Applies to Non-Core Suits in District Court?
Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.
5th Circuit, Texas, Texas Northern DistrictOctober 23, 2018
Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation
Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.
5th Circuit, Texas, Texas Northern DistrictOctober 16, 2018
Debtor Allowed to Convert from Chapter 12 to Chapter 11
Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.
5th Circuit, Texas, Texas Northern DistrictSeptember 17, 2018
Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims
Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.
5th Circuit, Texas, Texas Northern DistrictAugust 30, 2018
Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
5th Circuit, Texas, Texas Western DistrictJune 19, 2018
Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim
Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.
5th Circuit, Texas, Texas Southern DistrictApril 06, 2018
Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says
Confirmation order cannot turn someone else’s property into estate property.
5th Circuit, Texas, Texas Southern DistrictNovember 24, 2017
Even ‘False’ Debts Are Discharged
Student loan lender’s argument was ‘preposterous,’ judge says.
5th Circuit, Texas, Texas Southern DistrictNovember 17, 2017
No Statute of Limitations for Suing on a Trustee’s Surety Bond
Removing and discharging a trustee are not synonymous, Houston judge rules.
5th Circuit, Texas, Texas Southern DistrictOctober 17, 2017
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
5th Circuit, Texas, Texas Western District