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5th Circuit

Fifth Circuit Cites ‘Clearly Erroneous’ Findings to Declare a Debt Nondischargeable

Circuit says it’s easy to show reasonable reliance on a false financial statement.

5th Circuit

Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim

The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).

5th Circuit

Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation

Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.

5th Circuit

Fifth Circuit’s Seminal Reed Decision Not Followed in Chapter 13

Bankruptcy judge finds no statutory power for a chapter 13 trustee to prosecute a lawsuit that the debtor was judicially estopped for pursuing.

5th Circuit
Louisiana
Louisiana Eastern District

Lender and Servicer Held Liable for Making False Claim for Real Estate Taxes

Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.

5th Circuit
Texas
Texas Southern District

U.S. Receivership Court Had No Jurisdiction over Foreign Liquidators

District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.

5th Circuit
Texas
Texas Northern District

Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial

The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.

5th Circuit
Texas
Texas Western District

Fifth Circuit Stretches Equitable Notions to Bend Plain Language

A nonprecedential opinion applies Fifth Circuit authority to achieve a result that’s equitable for the debtor and creditors, and maybe also for a personal injury defendant.

5th Circuit

Returning a Fraudulent Transfer Absolves the Recipient of Liability, Fifth Circuit Rules

Assisting a debtor in effecting a fraudulent transfer with ‘actual intent’ isn’t enough to hold the transferee liable.

5th Circuit

Divided Fifth Circuit Again Permits Third-Party Injunctions in Stanford Receivership

Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.

5th Circuit
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