ATexasBankruptcyLawyersBlog

Blogging, Economics and Bankruptcy Reform Commission at NCBJ

11/02/13
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.
Blogging
[more]

Blogging, Economics and Bankruptcy Reform Commission at NCBJ

11/02/13
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.
Blogging
[more]

Venue Reform, Cristol Comments and More at NCBJ

10/31/13
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.   
Moonlight Run
[more]

Venue Reform, Cristol Comments and More at NCBJ

10/31/13
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.   
Moonlight Run
[more]

Fifth Circuit Nixes Consent in Stern Cases

10/07/13
A failed bid to reap a Beanie Baby bonanza, which resulted in a fifteen year legal odyssey for a chapter 13 debtor and his attorneys, will live on a while longer as a result of the Fifth Circuit’s recent interpretation of Stern v. Marshall.
[more]

Fifth Circuit Nixes Consent in Stern Cases

10/07/13
A failed bid to reap a Beanie Baby bonanza, which resulted in a fifteen year legal odyssey for a chapter 13 debtor and his attorneys, will live on a while longer as a result of the Fifth Circuit’s recent interpretation of Stern v. Marshall.
[more]

Mortgage Wars Part 2--Attack of the Robo-Signers

08/23/13
The first post in this series discussed successful and (largely) unsuccessful claims brought against mortgage servicers.   In Ashley Martins v. BAC Home Loans Servicing, LP, No. 12-20559 (5th Cir. 6/26/13)(also discussed in part 1 of this series) and Reinagel v. Deutsche Bank National Trust Company, No. 12-50569 (5th Cir.
[more]

Mortgage Wars Part 2--Attack of the Robo-Signers

08/23/13
The first post in this series discussed successful and (largely) unsuccessful claims brought against mortgage servicers.   In Ashley Martins v. BAC Home Loans Servicing, LP, No. 12-20559 (5th Cir. 6/26/13)(also discussed in part 1 of this series) and Reinagel v. Deutsche Bank National Trust Company, No. 12-50569 (5th Cir.
[more]

Mortgage Wars Part 1--Debtor Wins Rare (But Limited) Victory Under TDCA

08/17/13
The life of an appellate court judge is largely occupied by consideration of criminal appeals and prisoner petitions.    In FY2012, these cases made up 64% of the Fifth Circuit's docket.   (By contrast, bankruptcy appeals made up only 1.7% of cases docketed).    While they are statistically insignificant, the Fifth Circuit is having to devote an increasing amount of its time to cases involving persons unhappy about the foreclosure of their residence.   By my count, the Fifth Circuit has issued two published opi
[more]

Mortgage Wars Part 1--Debtor Wins Rare (But Limited) Victory Under TDCA

08/17/13
The life of an appellate court judge is largely occupied by consideration of criminal appeals and prisoner petitions.    In FY2012, these cases made up 64% of the Fifth Circuit's docket.   (By contrast, bankruptcy appeals made up only 1.7% of cases docketed).    While they are statistically insignificant, the Fifth Circuit is having to devote an increasing amount of its time to cases involving persons unhappy about the foreclosure of their residence.   By my count, the Fifth Circuit has issued three published o
[more]