ATexasBankruptcyLawyersBlog

Rule 9006 Creates Trap for Date-Specific Deadlines

07/13/18
A debtor was liberated from an objection to discharge where the deadline was extended to January 15, 2018, which was Martin Luther King, Jr. Day and the objection was not filed until the next day.    Smart-Fill Management Group, Inc. v. Froiland (In re Froiland), 18-1006 (Bankr. W.D. Tex. 7/6/18).
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How Would Supreme Court Nominee Brett Kavanaugh Approach Bankruptcy?

07/10/18
President Donald Trump has selected D.C. Circuit Judge Brett Kavanaugh to be his second Supreme Court nominee.    A post describing his bankruptcy opinions would be very short.  I could find only one opinion authored by Judge Kavanaugh arising out of bankruptcy court and that case dealt with equitable subrogation under the laws of the District of Columbia.   Smith v. First American Title Ins. Co. (In re Stevenson), 789 F.3d 197 (D.C. Cir. 2015). This is not surprising given the D.C.
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Fifth Circuit Report: First Quarter 2018

06/25/18

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Supreme Court Decides Three Narrow Bankruptcy Issues

06/08/18

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How the Amici Came Together for the Fifth Circuit's Disappearing Exemptions Cases

03/11/18
When a case is heard at the Supreme Court, the docket is filled with briefs of amicus curiae trying to say something that will catch the court's attention.   With so many briefs filed, they sometimes cancel each other out in a flutter of pdf files sounding variations on the same themes.   However, amicus briefs are much less common at the Court of Appeals level.  Recently I was part of an effort where a panel of the Fifth Circuit reversed itself in one instance and reversed a district court in another.   The cases are Hawk
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Fifth Circuit Report: 4th Quarter 2017

02/20/18
The fourth quarter of 2017 was another slow period for Fifth Circuit opinions dealing with bankruptcy.  There was only one published opinion and there were several opinions that I found on the Fifth Circuit's page but were not in LEXIS.  Nevertheless, here they are for your consideration.   The cases cover mootness, standing, and verbal statements about financial condition.
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Fifth Circuit Report: Third Quarter 2017

02/19/18

The third quarter of 2017 had one blockbuster opinion reaffirming the finality of exemptions in Chapter 7 and several less remarkable decisions.   It was a slow quarter for bankruptcy.

Rosbottom v. Schiff (Matter of Rosbottom), 701 Fex. Appx. 330(5th Cir. 7/17/17)(unpublished)

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Republican Tax Plan May Expand Dischargeability of Private Student Loan Debt

11/04/17
In an application of the law of unintended consequences, the Republican plan to eliminate the deduction for student loan interest may render private student loans subject to discharge in bankruptcy.  
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NCBJ Report: Jevic--The Inside Story and the Impact on Future Chapter 11s

10/15/17
Jevic--The Inside Story and the Impact on Future Chapter 11s featured participants from the case offering their perspective on the case and what it meant.   Dan Dooley of MorrisAnderson was the Chief Restructuring Officer for Jevic.   Domenic Pacitti of Klehr Harrison was Debtor's counsel.   Rene Roupinan of Outten & Golden represented the WARN Act claimants.   The panel was moderated by Judge Gregg W. Zive (Bankr. D. Nev.).    
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