Glomming On to an Entire Insurance Policy Can Be a Voidable Preference, Circuit Says
The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.
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Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says
Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.
Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts
The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.
Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims
Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.
Judge Name - Do not use it.
Stephen A. Higginson
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
Judge Name - Do not use it.
Stephen A. Higginson