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David R. Jones

In Sub V, a Class with No Votes Isn’t Considered in Confirming a Chapter 11 Plan

Former Bankruptcy Judge David R. Jones disagreed with a colleague, who had held that a non-voting class is considered as having voted against a plan.

5th Circuit
Texas
Texas Southern District

Fifth Circuit Approves Breakup Fees as ‘Admin’ Expenses or Costs of Sale

The Fifth Circuit avoided deciding whether approval of breakup fees is judged by the more lenient Section 363(b) or the more exacting standard for administrative expenses under Section 503(b).

5th Circuit

Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)

Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’

5th Circuit
Texas
Texas Southern District

Houston Judge Enjoins SBA from Excluding Bankrupt Companies from PPP Loans

Judge David Jones found no basis in the Cares Act for precluding chapter 11 debtors from receiving PPP “loans” that the company isn’t required to repay.

5th Circuit
Texas
Texas Southern District

‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper

Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.

5th Circuit
Texas
Texas Northern District

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.

5th Circuit
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