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5th Circuit

Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7

After rehearing, the Fifth Circuit rediscovers the snapshot rule by giving finality to exemptions in chapter 7.

5th Circuit

Rehearing Petition Attacks Fifth Circuit Opinions Stripping Exemptions of their Finality

Petition characterizes Fifth Circuit as standing alone by rejecting the ‘snapshot rule' for exemptions.

5th Circuit

Exempt Assets Aren’t Always Exempt in Chapter 13

Courts are split on including some exempt assets into the calculation of disposable income.

5th Circuit
Texas
Texas Western District

IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13

Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.

5th Circuit

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

5th Circuit

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit
Texas
Texas Northern District

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit
Texas
Texas Southern District

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

5th Circuit
Texas
Texas Southern District

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

5th Circuit
Texas
Texas Western District

After Chapter 13 Dismissal, Counsel Fees Aren’t Paid

Harris v. Viegelahn extended from chapter 13 conversions to dismissals.

5th Circuit
Louisiana
Louisiana Western District
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