Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing
The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.
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A Buyer Is in Good Faith Despite Using Economic Leverage, Fifth Circuit Says
Supposedly nefarious facts aren’t evidence of bad faith if they were disclosed to the bankruptcy judge who nevertheless made a finding of good faith.
Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable
Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.
Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation
Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
Judge Name - Do not use it.
Patrick E. Higginbotham
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
Judge Name - Do not use it.
Patrick E. Higginbotham
Terminating a Contract Is a Transfer of an Asset — Sometimes
Judge Higginbotham has been busy writing important opinions.
Judge Name - Do not use it.
Patrick E. Higginbotham
Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud
Circuit Judge Higginbotham sees arbitration as an instrument of fraud.
Judge Name - Do not use it.
Patrick E. Higginbotham
Vacation in New Orleans Is Grounds for Removing a Trustee for Cause
Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”
Judge Name - Do not use it.
Patrick E. Higginbotham