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ABI Journal

5th Circuit

Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.

5th Circuit

Fifth and Fourth Circuits Hold that Debts in Sub V Can Be Nondischargeable

Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.

5th Circuit

Fifth Circuit Vacates $240,000 in Sanctions for Being Criminal, Not Civil, Contempt

The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.

5th Circuit

Barton Doctrine Protected a Receiver from an Automatic Stay Violation

The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.

5th Circuit
Texas
Texas Southern District

Creditor Hit with $826,000 in Sanctions for Filing a Meritless Proof of Claim

Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.

5th Circuit
Texas
Texas Northern District

Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

5th Circuit

Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.

5th Circuit

Sitting on the Sidelines in a Chapter 11 Case Sometimes Doesn’t Pay Off

Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.

5th Circuit

Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

5th Circuit

Reference Withdrawal on Houston Ethics Probe Pits UST Against Bankruptcy Judge

Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.

5th Circuit
Texas
Texas Southern District
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