The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...
Fifth Circuit certified question to Texas Supreme Court: whether UFTA good faith requires a transferee on inquiry notice to conduct an investigation or show such an investigation would have been...
Fifth Circuit reversed and remanded ruling of district court (SD Tex.), which affirmed ruling of bankruptcy court determining that creditors satisfied Fifth Circuit's "informal proof of claim"...
A judgment against a debtor for violating the Alaska Uniform Trade Secrets Act (the UTSA) for the willful an malicious misappropriation of the judgment creditor’s trade secrets was insufficient...
In non-bankruptcy case related to BP Deepwater Horizon oil spill claimants, 5th Circuit reversed and remanded ruling of U.S. District Court (E.D. La.)., ruling that district court applied improper...
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
