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5th Circuit

Possibly Dicta, the Fifth Circuit Disallows Make-Wholes

Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.

5th Circuit

Another Court Holds that a Debtor Has a Property Interest in Contracts, Not Customers

Once the debtor loses the right to do business, taking customers for no consideration isn’t a fraudulent transfer, Judge Isgur holds.

5th Circuit
Texas
Texas Southern District

To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says

Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.

5th Circuit
Texas
Texas Eastern District

Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says

Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.

5th Circuit
Louisiana
Louisiana Eastern District

Fifth Circuit Permits Gatekeeping to Serve the Function of Third-Party Releases

Adhering to the categorial prohibition of nondebtor third-party releases, the Fifth Circuit now allows a workaround to protect principal participants in chapter 11 cases.

5th Circuit

Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts

The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.

5th Circuit

Bankruptcy Removal Isn’t the Same as General Removal, Fifth Circuit Explains

Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.

5th Circuit

A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

5th Circuit
Texas
Texas Southern District

FERC Strikes Out a Third Time in the Fifth Circuit on Rejecting Power Contracts

FERC tried the patience of the Fifth Circuit by arguing again that the agency can bar a chapter 11 debtor from rejecting a filed-rate contract.

5th Circuit

The Right to Credit Bid Does Not Preclude Charging a Buyer’s Premium at Auction

When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.

5th Circuit
Texas
Texas Southern District
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