Practice and Procedure

Judge Isgur Sides with the Third Circuit and Allows Makewhole Premiums

Creditors are entitled to ‘default interest’ when the debtor is solvent.

Court :

5th Circuit

Texas

Texas Southern District

Thursday, October 29, 2020

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

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Houston Judge Rejects Tenth Circuit Opinion Immunizing Subsequent Transferees

Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.

Court :

5th Circuit

Texas

Texas Southern District

Fifth Circuit Allowed an Extension of the Discharge Deadline After the Deadline Had Passed

The equitable power under Section 105(a) permits extending the discharge objection deadline when the court makes a mistake.

Court :

5th Circuit

Motions to Dismiss with Prejudice and the Effect in Chapter 13 Cases

Bankruptcy Code

Topic Tags

Practice and Procedure

Consumer Bankruptcy

Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine

Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?

Court :

11th Circuit

On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says

Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.

Court :

1st Circuit

Massachusetts