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 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...
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....
Finding that the Bankruptcy Court misinterpreted its opinion from a prior appeal, the Fifth Circuit reverses in part the confirmation order and remands to the District Court to rewrite the plan's...
In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...
In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...
In the latest installment of a long-running family saga, one family member's argument that an order approving a trustee's sale of real estate and preserving the "liens, claims, and encumbrances"...
The Rooker-Feldman doctrine prevents a federal bankruptcy court from reviewing a state court's decision that a debt owed to a casino was not discharged in an individual debtor's chapter 7 case. ...
Fifth Circuit reinstates a chapter 7 trustee's lawsuit against the Debtor's pre-petition state-court attorney for legal malpractice. The trustee's expert proffered an opinion on duty and breach as...
In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
