ATexasBankruptcyLawyersBlog

NCBJ Report: Dean Chemerinsky Says It's Formalism for the Foreseeable Future

10/12/17
The Commercial Law League of America presented a keynote address from Dean. Erwin Chemerinsky, of UC Berkeley Law School at its annual luncheon.  Dean. Chemerinsky discussed his main area of expertise in a talk entitled The Supreme Court:   Appointments to and Statutory and Constitutional Interpretation by the Court in Bankruptcy Cases.   He spoke for over an hour without notes.
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NCBJ Report: What is a Limited Liability Company and Why Does It Matter in Bankruptcy?

10/10/17
This panel discussed some of the unusual issues raised by limited liability companies.   The panel consisted of Bankruptcy Judge Ashely Chan from the Eastern District of Pennsylvania,  Prof. Carter Bishop from Suffolk University Law School, Craig Goldblatt form Wilmer Hale, Paul L. Lion, III from Morrison & Foerster, LLP and Emily Pagorski from Stoll Keenon Ogden PLLC   Emily Pagorski and Craig Goldblatt played the role of litigators in two moot court arguments.
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NCBJ Report: The Wolf (of Wall Street?) at the Door

10/10/17
The Wolf (of Wall Street?) at the Door:   Lending to the Financial Underclass examined a variety of issues affecting those with limited means.   Bankruptcy Judge D. Sims Crawford from the Northern District of Alabama moderated a discussion with Thad Bartholow with Bartholow & Kellett and Prof. Creola Johnson from the Ohio State University Moritz College of Law.
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NCBJ Report: Broken Bench TV

10/10/17
This year's National Conference of Bankruptcy Judges takes place in Las Vegas at the Paris Hotel and Casino.   The conference kicked off just one week after the horrific shootings here.  Mass shootings represent a break down of the social contract.  The law is intended to resolve disputes between people without the need for violence.   Bankruptcy law deals with break downs of financial relations.
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Fifth Circuit Report: 2nd Quarter 2017

07/31/17

This quarter's cases involve numerous cases on home loans, several cases related to doctors and hospitals and interesting cases on judicial estoppel and Rooker-Feldman.
 

Ocwen Loan Servicing v. Berry, 852 F.3d 469 (5th Cir. 3/29/17) 

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Fifth Circuit Goes Further Down the Disappearing Exemption Rabbit Hole

07/21/17
In yet another blow to the finality of exemptions, the Fifth Circuit has ruled that a chapter 7 debtor who claimed an IRA as exempt but later withdrew the proceeds must pay the funds to the trustee.   Engelhart v. Hawk (Matter of Hawk), No. 16-20641 (5th Cir.
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Texas Judge Says You Csn Do It Right or Just Wing It

06/02/17
Texas Bankruptcy Judge Tony Davis had some sound advice for persons setting off on a business venture.   In fact, his words should be mandatory reading in business schools and forums where would be business persons frequent.    He wrote:
When two individuals decide to join forces and form a business venture, they can take one of two paths.
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Fifth Circuit Report: 1st Quarter 2017

05/20/17
It has been a while since I have done a Fifth Circuit report.   With the new year, I am going to try to get back to chronicling each quarter's decisions from my home circuit.
Breach of contract; attorney's fees; abuse of process; malicious prosecution; sanctions; due process

Texas Capital Bank v. Dallas Roadster, Ltd. (In re Dallas Roadster, Ltd), 846 F.3d 112 (5th Cir. 1/17/17)

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