Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption. Judge Name - Do not use it. Eduardo V. Rodriguez Read more about Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead
Fifth Circuit Finds an Exception to General Rule on Appellate Standing Debtors facing discharge denial have standing to appeal claim allowances. Read more about Fifth Circuit Finds an Exception to General Rule on Appellate Standing
Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees. Judge Name - Do not use it. Marvin Isgur Read more about Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time
United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds Restriction on post-confirmation suits is further limited in the Fifth Circuit. Judge Name - Do not use it. Jeff Bohm Read more about United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds
Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11 Judge lays down a tough rule, then goes easy on consumer debtors. Judge Name - Do not use it. Tony M. Davis Read more about Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11
Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit. Judge Name - Do not use it. Edith H. Jones Read more about Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly
Fatally Defective Complaint Can Still Have ‘Related To’ Jurisdiction Fifth Circuit warns about conflating jurisdiction and the merits. Judge Name - Do not use it. Catharina Haynes Read more about Fatally Defective Complaint Can Still Have ‘Related To’ Jurisdiction
Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases Generic language won’t release third parties in the Fifth Circuit. Judge Name - Do not use it. Carolyn King Read more about Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases
Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan Equity powers enable a judge to put the screws to a chapter 13 debtor. Judge Name - Do not use it. Harry Lee Hudspeth Read more about Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan
Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c) Specific intent to benefit the lender not required before surcharging collateral. Judge Name - Do not use it. Gregg Costa Read more about Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)