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Home
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 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
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
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
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
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
April 13, 2023
Judge Isgur Allows 401(k) Contributions in Chapter 13 Up to What the IRS Code Allows
Contributions to 401(k) plans are deducted from ‘projected disposable income,’ even though the debtor was not making contributions before filing
5th Circuit
,
Texas
,
Texas Southern District
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