Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says
Confirmation order cannot turn someone else’s property into estate property.
Judge Name - Do not use it.
Kenneth M. Hoyt
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Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
Judge Name - Do not use it.
Priscilla R. Owen
State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says
The distributive share to co-owners is not fixed as of the filing date under Section 363(j).
Judge Name - Do not use it.
Edward C. Prado
Fifth Circuit Expands Hawk to Permit Sale of a Home After a Chapter 7 Filing
Selling a home after filing chapter 7 does not destroy the homestead exemption.
Interim Fee Awards in Chapter 13 Are OK Before Conversion
District judge changes local practice in the bankruptcy court on interim awards in chapter 13.
Judge Name - Do not use it.
S. Maurice Hicks, Jr.
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.
Judge Name - Do not use it.
Jerry A. Brown
Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Judge Name - Do not use it.
Sim Lake
Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions
In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
Judge Name - Do not use it.
Leslie H. Southwick
The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
Judge Name - Do not use it.
Edward Ellington
Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit
Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.