5th Circuit

Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor

Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.

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5th Circuit

Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says

Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.

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5th Circuit

Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal

O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.

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5th Circuit

Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t

Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.

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5th Circuit

Which Venue Transfer Statute Applies to Non-Core Suits in District Court?

Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.

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5th Circuit

Texas

Texas Northern District

Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds

Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.

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5th Circuit

Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation

Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.

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5th Circuit

Texas

Texas Northern District

Debtor Allowed to Convert from Chapter 12 to Chapter 11

Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.

Court :

5th Circuit

Texas

Texas Northern District