No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
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Res Judicata Limits an Objection to a Claim Allowed in a Prior Bankruptcy
Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
Another Circuit Upholds the 2018 Increase in U.S. Trustee Fees
Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.
Fifth Circuit Invalidates Local Chapter 13 Plan Regarding Tax Refunds
Below median debtors are no longer required to turn over tax refunds in excess of $2,000.
Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)
Policy informs the result when the statutory language is ambiguous.
Judge Name - Do not use it.
U.S. Circuit Judge Edith Brown Clement
Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
Judge Name - Do not use it.
Edith Brown Clement