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5th Circuit

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.

5th Circuit

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.

5th Circuit

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.

5th Circuit
Mississippi
Mississippi Southern District

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.

5th Circuit

Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says

Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.

5th Circuit

Contractor’s Inchoate Lien Defense Defeats a Preference, Most Courts Hold

Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.

5th Circuit
Texas
Texas Northern District

Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes

Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.

5th Circuit

Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer

Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.

5th Circuit

Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s

Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.

5th Circuit

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

5th Circuit
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