5th Circuit

Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal

Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals.

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5th Circuit

A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says

Death is a reason for waiving the requirement for completing a financial management course.

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5th Circuit

Texas

Texas Western District

Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims

Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.

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5th Circuit

Texas

Texas Northern District

Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy

In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.

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5th Circuit

Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.

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5th Circuit

No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says

Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.

Court :

5th Circuit

Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.

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5th Circuit

Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.

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5th Circuit