The Fifth Circuit certifies a question of state law to the Texas Supreme Court: Is an LLC membership interest exempt property in a federal bankruptcy proceeding, based on section 101.112 of the...
The U.S. Court of Appeals for the Fifth Circuit held that bankruptcy professionals are entitled to derivative judicial immunity when they act pursuant to and in accordance with a bankruptcy court's...
The Debtor's former business partner had standing to seek a nondischargeable judgment against the Debtor arising from her embezzlement of funds from the LLC that they co-owned. The Court explicitly...
The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's summary judgment decision dismissing a bankruptcy debtor's counterclaims and third party claims in a non-adversary...
(1) Applying Texas law, the 5th Circuit ruled that Appellees' claims were timely and the statute of limitations began to run when the fraud was discovered;
(2)Merger and waiver clauses in...
Fraud claims accrue when parties discover the fraud or would have by exercising reasonable diligence. A single written statement does not constitute a red flag demanding further investigation....
The Fifth Circuit affirmed the district court's order. The Fifth Circuit held: (1) the bankruptcy court had proper related to jurisdiction since the contested tax liens in the state court action...
Because Appellant's failure to attach the bankruptcy court's judgment to its notice of appeal was not a jurisdictional defect, the District Court abused its discretion in dismissing the appeal....
A section 341 first meeting of creditors does not automatically conclude if the trustee fails to comply with the requirements of Fed. R. Bankr. P. 2003(e), so that the 30-day window under Fed. R....
The bankruptcy court misconstrued its post-confirmation jurisdiction. Such jurisdiction exists only where disputes relate to a bankruptcy plan’s execution or implementation. The post-confirmation...
