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ABI Journal

Edith H. Jones

Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien

Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’

Fifth Circuit Tells Us What Ritzen and Travelers Mean and Don’t Mean

To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’

Enjoining a Prepetition Policy Doesn’t Violate the Automatic Stay, Fifth Circuit Says

Seeking attorneys’ fees from the debtor for a postpetition civil rights violation does not by itself make a postpetition lawsuit subject to the automatic stay.

Fifth Circuit Draws ‘Person Aggrieved’ into Question for Appellate Standing

The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?

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.

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.

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In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.

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.

Fifth Circuit Makes Student Loans Even More Difficult to Discharge

Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.

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.