No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases
Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases?
Judge Name - Do not use it.
Edith H. Jones
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Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules
Test case on preferences deepens a circuit split and lays the groundwork for certiorari.
Judge Name - Do not use it.
James L. Dennis
Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.
Judge Name - Do not use it.
Leslie Southwick
Courts Split on Retention of Property on Individual’s Conversion from Chapter 11 to 7
Ninth Circuit BAP is a better venue for individuals converting from ‘11’ to ‘7.’
Judge Name - Do not use it.
W. Homer Drake Jr., Elizabeth Manger
Terminating a Contract Is a Transfer of an Asset — Sometimes
Judge Higginbotham has been busy writing important opinions.
Judge Name - Do not use it.
Patrick E. Higginbotham
Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud
Circuit Judge Higginbotham sees arbitration as an instrument of fraud.
Judge Name - Do not use it.
Patrick E. Higginbotham
Salary Paid for Poor Performance Is No Fraudulent Transfer
Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.
Judge Name - Do not use it.
Sarah S. Vance
Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt
Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.
Judge Name - Do not use it.
Marvin Isgur
Supplier Has No 20-Day Priority Against Partner for Goods Sold to Partnership
Uniform laws bar administrative claims against general partner under Section 503(b)(9).
Judge Name - Do not use it.
Jason D. Woodward
Debtor May Not Benefit from His Own Fraudulent Transfer
Exemption cannot be claimed in a home recovered as a fraudulent transfer.
Judge Name - Do not use it.
Marvin Isgur