BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
Judge Name - Do not use it.
Mark X. Mullin
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Another Court Strikes Down Higher U.S. Trustee Fees in Some Cases
A crisis befalls smaller companies that can’t afford the huge increase in U.S. Trustee fees.
Judge Name - Do not use it.
Ronald B. King
Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
Per curiam opinion shows that chapter 13 plans aren’t required to be punitive.
Judge Name - Do not use it.
E. Grady Jolly, Edith H. Jones, James L. Dennis
An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court
A non-objecting creditor is bound by a third-party release even if the release may have been improper.
Judge Name - Do not use it.
Lee H. Rosenthal
Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation
An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.
Judge Name - Do not use it.
Gregg Costa
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.
Judge Name - Do not use it.
Stacey G.C. Jernigan
Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor
Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.
Judge Name - Do not use it.
Gregg Costa
Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
Judge Name - Do not use it.
Andrew S. Oldham
Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal
O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.
Judge Name - Do not use it.
Gregg Costa
Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
Judge Name - Do not use it.
Carl E. Stewart