The Fifth Circuit affirmed the lower courts' rulings that the automatic stay was not violated when the debtor's mortgage servicer went forward with a foreclosure sale after the debtor filed his...
A Fifth Circuit majority upheld an order stating a Chapter 7 Trustee could not include surplus funds paid to a debtor's equity security holder in calculating a commission under 11 U.S.C. § 326(a)....
The Fifth Circuit affirmed the district court and bankruptcy court. The bankruptcy court had jurisdiction to decide the state-law issues underlying the administrative expense claim. The...
The Fifth Circuit reversed both judgments of the bankruptcy and district courts. The Fifth Circuit held that the 2008 MOU requires tax assessors to consider economic obsolescence and inutility...
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....
