"With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
Judge(s):
PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
Judge(s):
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
When it became clear that Mr. Wiggains would file bankruptcy to satisfy his outstanding debts, the couple entertained various options and made their best estimate on ultimate financial benefits by...
Fifth Circuit affirmed ruling of district court (N.D Tex.), which affirmed bankruptcy court's entry of summary judgment in favor of creditor on objection to chapter 7 debtor's discharge. State of...
Contractual payments due during the sixty-day notice period prior to the termination of a contract are "assets" under the Texas Uniform Fraudulent Transfer Act's ("TUFTA's") broad definition, and...
