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5th Circuit

District Court Allows 401(k) Contributions in Chapter 13 Up to the IRS Limits

Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.

5th Circuit
Louisiana
Louisiana Western District

Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

5th Circuit

Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana

Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.

5th Circuit
Louisiana
Louisiana Western District

Leased but Unused Personal Property Qualifies for an Administrative Claim

Circuits are split on requiring use of leased equipment before allowing an administrative claim.

5th Circuit
Louisiana
Louisiana Western District

Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says

Confirmation order cannot turn someone else’s property into estate property.

5th Circuit
Texas
Texas Southern District

Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

5th Circuit

State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).

5th Circuit

Fifth Circuit Expands Hawk to Permit Sale of a Home After a Chapter 7 Filing

Selling a home after filing chapter 7 does not destroy the homestead exemption.

5th Circuit

Interim Fee Awards in Chapter 13 Are OK Before Conversion

District judge changes local practice in the bankruptcy court on interim awards in chapter 13.

5th Circuit
Louisiana
Louisiana Western District

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.

5th Circuit
Louisiana
Louisiana Eastern District
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