The Bankruptcy Code does not require the debtor, an energy company whose primary business is the production of natural gas, to obtain FERC's approval of its chapter 11 plan or its decision to...
The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...
Pension-plan plaintiffs poured out. Fifth Circuit affirmed District Court's summary judgment for defendant entities that provided administrative and lending services to a now-bankrupt hedge fund. ...
Res judicata does not bar a plaintiff from suing his former attorneys based on statements they allegedly made to him in connection with a settlement approved by the bankruptcy court. Under the...
The debtor confirmed a chapter 11 plan in 2009 granting creditor Bay Bridge an in rem claim against property to the extent Bay Bridge had an "allowed secured claim." Bay Bridge filed a proof of...
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
