News Topic: ATexasBankruptcyLawyersBlog

Venue occupied the second half of the commission hearing held on November 22, 2013 and produced some of the liveliest discussion.  While there were five panelists slated to discuss venue, Judge Greendyke and Buzz Rochelle added their comments as well.   ... Read full article

On Friday January 24, 2014, attorneys trying to access the federal courts' electronic records and filing systems were unable to get through for almost four hours.   While occasional local outages for maintenance or technical problems are not unknown, ... Read full article

This is continuing coverage of the 2013 National Conference of Bankruptcy Judges.   Today I was able to attend a program on blogging, listen to an economist prognosticating and observe a hearing of the ABI Commission to Study the Reform of Chapter 11. ... Read full article

Some time ago, I wrote about John Gellene , the silk-stocking lawyer who went to prison for failure to disclose his connections in a high dollar case. ... Read full article

Expanding upon its decision in Matter of Zibman , 268 F.3d 298 (5th Cir. 2001), the Fifth Circuit has ruled that the proceeds from sale of a Texas homestead lose their exempt character if they are not reinvested within six months--even when the sale takes ... Read full article

This is an article that I did for this year's Advanced Consumer Bankruptcy Course.   I have attempted to summarize all of the published decisions on dischargeability from the Supreme Court, Fifth Circuit, Texas District Courts and Texas Bankruptcy ... Read full article

From 1989 to 2007, Judges Larry Kelly and Frank Monroe occupied the bankruptcy bench in Austin, providing a period of judicial continuity rivaled only by their colleagues in San Antonio (Judges Leif Clark and Ronald King served at the same time from 1988 ... Read full article

Bankruptcy sometimes provides a window into unfamiliar worlds.    The recent chapter 15 filing by MtGox Co., Ltd. ... Read full article

Who would have thought that abstention could be so interesting? Judge Leif Clark has written an opinion on abstention which jabs at some of the boilerplate language found in motions to abstain and contains a footnote destined to become a Clark-classic. ... Read full article

In a unanimous decision, the Supreme Court struck down the Ninth Circuit’s imposition of an equitable surcharge against a debtor’s exempt property in Law v. Siegel , No. ... Read full article

After the PACER  and CM/ECF outage on Friday January 24, I asked the PACER service center if they had any comment.   They were kind enough to respond on January 27.   Here is the latest information:   ... Read full article

I am at the National Conference of Bankruptcy Judges in Atlanta.    The conference includes some of the best bankruptcy continuing education in the country.    There is no way to report on it all, so I will be offering some random observations.    ... Read full article

For chapter 11 debtor's lawyers, Matter of Pro-Snax Distributors, Inc. , 157 F.3d 414 (5th Cir. 1998) is like the sword of Damocles--constantly hanging over counsel's head and threatening to deny compensation when a case goes south.   While 11 ... Read full article

  Larry E. Kelly who served as U.S. ... Read full article

Bankruptcy sometimes provides a window into unfamiliar worlds.    The recent chapter 15 filing by MtGox Co., Ltd. ... Read full article

Expanding upon its decision in Matter of Zibman , 268 F.3d 298 (5th Cir. 2001), the Fifth Circuit has ruled that the proceeds from sale of a Texas homestead lose their exempt character if they are not reinvested within six months--even when the sale takes ... Read full article

In a unanimous decision, the Supreme Court struck down the Ninth Circuit’s imposition of an equitable surcharge against a debtor’s exempt property in Law v. Siegel , No. ... Read full article

Some time ago, I wrote about John Gellene , the silk-stocking lawyer who went to prison for failure to disclose his connections in a high dollar case. ... Read full article