5th Circuit | ABI

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

Court :

Texas Western District

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

Court :

Texas Eastern District

Fifth Circuit Ducks an Undecided Issue on Automatic Stay Violation

Dissenter would have used a $1 case to rule on an issue of first impression.

Court :

Lawyers Beware: Fees Can’t Be Paid from PACA Trust Funds

Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.

Court :

Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead

Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.

Court :

Texas Southern District

Fifth Circuit Finds an Exception to General Rule on Appellate Standing

Debtors facing discharge denial have standing to appeal claim allowances.

Court :

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.

Court :

Texas Southern District

United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds

Restriction on post-confirmation suits is further limited in the Fifth Circuit.

Court :

Texas Southern District

Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11

Judge lays down a tough rule, then goes easy on consumer debtors.

Court :

Texas Western District

Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly

Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit.

Court :

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