Reducing a Personal Guarantee Under a Plan Isn’t a Discharge, Fifth Circuit Says
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.
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A Lender Is Entitled to Demand a Change in Management, Fifth Circuit Says
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.
Two Circuits Agree: Coal Act Doesn’t Bar Terminating Retiree Benefits via Section 1114
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation
An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.
Judge Name - Do not use it.
Gregg Costa
Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor
Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.
Judge Name - Do not use it.
Gregg Costa
Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal
O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.
Judge Name - Do not use it.
Gregg Costa
Lawyers Beware: Fees Can’t Be Paid from PACA Trust Funds
Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.
Judge Name - Do not use it.
Gregg Costa
Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)
Specific intent to benefit the lender not required before surcharging collateral.
Judge Name - Do not use it.
Gregg Costa