Even ‘False’ Debts Are Discharged Student loan lender’s argument was ‘preposterous,’ judge says. Judge Name - Do not use it. Marvin Isgur Read more about Even ‘False’ Debts Are Discharged
No Statute of Limitations for Suing on a Trustee’s Surety Bond Removing and discharging a trustee are not synonymous, Houston judge rules. Judge Name - Do not use it. Marvin Isgur Read more about No Statute of Limitations for Suing on a Trustee’s Surety Bond
Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty. Read more about Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses
A Future Advance Clause Saved a Loan from Being Unperfected Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien. Judge Name - Do not use it. Craig A. Gargotta Read more about A Future Advance Clause Saved a Loan from Being Unperfected
ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees. Judge Name - Do not use it. Lee Yeakel Read more about ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees. Judge Name - Do not use it. John W. Kolwe Read more about Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7 After rehearing, the Fifth Circuit rediscovers the snapshot rule by giving finality to exemptions in chapter 7. Judge Name - Do not use it. Edward C. Prado Read more about Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7
Rehearing Petition Attacks Fifth Circuit Opinions Stripping Exemptions of their Finality Petition characterizes Fifth Circuit as standing alone by rejecting the ‘snapshot rule' for exemptions. Read more about Rehearing Petition Attacks Fifth Circuit Opinions Stripping Exemptions of their Finality
Exempt Assets Aren’t Always Exempt in Chapter 13 Courts are split on including some exempt assets into the calculation of disposable income. Judge Name - Do not use it. Craig A. Gargotta Read more about Exempt Assets Aren’t Always Exempt in Chapter 13
IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13 Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later. Judge Name - Do not use it. Edward C. Prado Read more about IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13