No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan. Read more about No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan
Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals. Read more about Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal
Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy. Read more about Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy
Texas Legislature Didn’t Succeed in Giving Lien Priority to Oil and Gas Producers Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t. Read more about Texas Legislature Didn’t Succeed in Giving Lien Priority to Oil and Gas Producers
Fifth Circuit Makes Student Loans Even More Difficult to Discharge Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable. Judge Name - Do not use it. Edith H. Jones Read more about Fifth Circuit Makes Student Loans Even More Difficult to Discharge
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. Judge Name - Do not use it. David R. Jones, Edith H. Jones Read more about Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds
Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies. Judge Name - Do not use it. Edith H. Jones Read more about Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says
Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment Per curiam opinion shows that chapter 13 plans aren’t required to be punitive. Judge Name - Do not use it. E. Grady Jolly, Edith H. Jones, James L. Dennis Read more about Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases? Judge Name - Do not use it. Edith H. Jones Read more about No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases
Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit. Judge Name - Do not use it. Edith H. Jones Read more about Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly