Fifth Circuit Adheres to ‘Person Aggrieved’ for Appellate Standing in Bankruptcy Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors. Read more about Fifth Circuit Adheres to ‘Person Aggrieved’ for Appellate Standing in Bankruptcy
A Suit to Impose a Prepetition Policy Didn’t Violate the Automatic Stay, District Judge Says Seeking attorneys’ fees from the debtor did not by itself make a postpetition lawsuit subject to the automatic stay. Read more about A Suit to Impose a Prepetition Policy Didn’t Violate the Automatic Stay, District Judge Says
Fifth Circuit Approves Breakup Fees as ‘Admin’ Expenses or Costs of Sale The Fifth Circuit avoided deciding whether approval of breakup fees is judged by the more lenient Section 363(b) or the more exacting standard for administrative expenses under Section 503(b). Read more about Fifth Circuit Approves Breakup Fees as ‘Admin’ Expenses or Costs of Sale
Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority. Read more about Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing
Debt for Selling a Gun Used in a Mass Killing Was Dischargeable Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony. Read more about Debt for Selling a Gun Used in a Mass Killing Was Dischargeable
No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan. Read more about No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan
State Exemption for Life Insurance Policies Continues to Be Under Attack in Texas Defeated three times, a chapter 7 trustee is appealing to the Fifth Circuit to end the exemption for whole-life policies in Texas. Read more about State Exemption for Life Insurance Policies Continues to Be Under Attack in Texas
Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional. Read more about Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says
A Buyer Is in Good Faith Despite Using Economic Leverage, Fifth Circuit Says Supposedly nefarious facts aren’t evidence of bad faith if they were disclosed to the bankruptcy judge who nevertheless made a finding of good faith. Read more about A Buyer Is in Good Faith Despite Using Economic Leverage, Fifth Circuit Says
Judge Isgur Allows 401(k) Contributions in Chapter 13 Up to What the IRS Code Allows Contributions to 401(k) plans are deducted from ‘projected disposable income,’ even though the debtor was not making contributions before filing Read more about Judge Isgur Allows 401(k) Contributions in Chapter 13 Up to What the IRS Code Allows