ATexasBankruptcyLawyersBlog

Exemptions Continue to Feel Frost's Bite

02/22/15
The rift in the bankruptcy universe created by Viegelahn v. Frost (Matter of Frost), 744 F.3d 384 (5th Cir. 2014) continues to widen, drawing more exemptions into its vortex in seeming disregard of Supreme Court precedent.   The latest opinion to come down is  In re Hawk, 2015 Bankr. LEXIS 309 (Bankr. S.D. Tex. 1/30/15) which holds that the Debtor in a chapter 7 proceeding forfeited his IRA exemption when he liquidated the account after the deadline to object had expired.   
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Recovering Attorneys' Fees in Dischargeability Litigation

02/19/15
A new opinion from Judge Tony Davis answers some interesting questions about recovery of attorneys' fees in dischargeability litigation.   Schwertner Backhoe Services, Inc. v. Kirk (In re Kirk), Adv. No. 11-1239 (Bankr. W.D. Tex.
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Fifth Circuit Report: December-January Edition

02/17/15
The Fifth Circuit decided five bankruptcy cases over the past two months.  They include cases where the effort to recite the facts exceeded the importance of the decision, cases about the effect of summary judgments granted, denied and reversed and a footnote about Florida strip clubs.
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Bankruptcy Court Denies Request to Transfer Case to Delaware

01/12/15
The venue reform movement has focused on cases filed in Delaware and the Southern District of New York which are either not transferred (Enron and Energy Futures) or transferred at considerable time and expense (Patriot Coal).   However, a decision out of Texas denied a request to transfer an adversary proceeding to Delaware.    Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.), No. 13-1081 (Bankr. W.D. Tex.
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A Cautionary Tale About Injunctions

01/08/15
Many bankruptcies are prompted by foreclosure postings.   Often the debtor must weigh whether to seek an injunction vs. filing bankruptcy.   A recent Texas case makes the point that simply getting the court to grant an injunction is not enough.   Unless the procedures are strictly followed, the injunction may not be valid.   However, that does not mean that the path will be easy as one substitute trustee found out.   The case is In re Chaumette, 2014 Tex. App. LEXIS 13799 (Tex.
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New Scottish Law Allows a BRO from a BADAS(S)

01/07/15
The new Scottish bankruptcy law which will take effect in April contains some great acronyms, including BADAS and BRO.    Unfortunately, the Bankruptcy and Debt Advice (Scotland) Act 2014 ("BADAS") is missing the second "s" which would make it a truly badass law.   From my brief review of an article by Rob Aberdein, the new Scottish law is a hybrid of Chapters 7 and  13 under BAPCPA.   However, it seems to
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Ten Most Memorable Quotes of 2014

01/04/15
Here is a look back at some of the most memorable quotes that appeared in A Texas Bankruptcy Lawyers Blog last year.
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Judicial Opinions: The Interview

12/31/14
I have been meaning to open this blog up to guest posts from friends of the blog.   Today I received this review of the Interview from a Texas Bankruptcy Judge who wishes to remain anonymous.  I am a huge fan of the First Amendment and am glad to see that one of our judges was willing to sacrifice her Christmas day in service of that most precious of rights.   Hope you enjoy the review.
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Court Rejects Trustee's Unique Homestead Attack

12/19/14
Some of the recent decisions on Texas homesteads coming out of the courts have people wondering just what John Wayne fought and died for at the Alamo.   The sanctity of the homestead along with the prohibition against garnishment of wages are two of the pillars upon which this State was founded.  While the news for Texas debtors has generally been depressing, Texas Bankruptcy Judge Tony Davis rejected a creative argument from an aggressive trustee in the case of In re Parsons, No. 12-12649 (Bankr. W.D. Tex.
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New Media Equals New Ethical Issues

12/07/14
When I was in high school, social media consisted of my home telephone line.   I could use it to access the outside world until my parents told me to get off the phone because they were expecting an important call.
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