5th Circuit

Jackson Walker May Depose the U.S. Trustee in the Fee Dispute over Nondisclosure

The bankruptcy judge in Houston denied the U.S. Trustee’s motion to quash deposition subpoenas in the fight over disgorgement of fees for failure to disclose an allegedly close relationship between the judge and a firm lawyer.

Court :

A Plan Appeal Wasn’t Equitably Moot, Even Though Reversal Might Rejigger New Equity

A district court in Houston denied a motion to dismiss a confirmation appeal as equitably moot, although reversal might alter ownership of the reorganized debtor.

Court :

The ‘Insured vs. Insured’ Exclusion in a D&O Policy Doesn’t Apply to a DIP

When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.

Court :

To Defeat Summary Judgment, an Affidavit Can’t Be Contradictory, Fifth Circuit Says

A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.

Court :

Sub V Trustee May Be Discharged When the Debtor Makes Plan Payments

Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.

Court :

Texas Northern District

Abandonment Usually Ends Section 1334(e)(1) Bankruptcy Jurisdiction, Circuit Says

For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.

Court :

Houston Judge Confirms an ‘Opt-Out’ Plan with Nondebtor Releases

In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.

Court :

Imputed Knowledge Kills the Good Faith Defense of a Subsequent Transferee, Circuit Says

Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.

Court :