Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
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‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)
Policy informs the result when the statutory language is ambiguous.
Judge Name - Do not use it.
U.S. Circuit Judge Edith Brown Clement
‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive
Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
Judge Name - Do not use it.
Edith H. Jones
Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims
Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.
Judge Name - Do not use it.
Stephen A. Higginson
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
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Patrick E. Higginbotham
Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
Judge Name - Do not use it.
Katharine M. Samson
Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
Judge Name - Do not use it.
David R. Jones, Edith H. Jones