Texas | ABI

ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement

Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.

Court :

Texas Western District

Exempt Assets Aren’t Always Exempt in Chapter 13

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

Court :

Texas Western District

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.

Court :

Texas Northern District

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

Court :

Texas Southern District

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

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

Court :

Texas Southern District

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

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

Court :

Texas Western District

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

Court :

Texas Southern District

Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine

After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.

Court :

Texas Southern District

Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.

Court :

Texas Southern District

Debtor May Not Benefit from His Own Fraudulent Transfer

Exemption cannot be claimed in a home recovered as a fraudulent transfer.

Court :

Texas Southern District

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