Possibly Dicta, the Fifth Circuit Disallows Make-Wholes
Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.
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Trustees Don’t Need a Pecuniary Interest to Have Standing to Appeal, Fifth Circuit Says
Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
Judge Name - Do not use it.
Jennifer Walker Elrod
Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
Judge Name - Do not use it.
Jennifer Walker Elrod
Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
Judge Name - Do not use it.
Jennifer Walker Elrod
Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal
Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.
Judge Name - Do not use it.
Jennifer Walker Elrod
Fifth Circuit and Texas Supreme Court Part Company on Ponzi Fraudulent Transfers
Fifth Circuit reluctantly lets a trade supplier off the hook for a fraudulent transfer from a Ponzi scheme.
Judge Name - Do not use it.
Jennifer Walker Elrod