ATexasBankruptcyLawyersBlog

Wife's Homestead Claim Remains in Limbo With No Answer From Fifth Circuit

04/18/13

The plight of the non-filing spouse who stands to lose an interest in the homestead is a trap that is easy to overlook. Under 11 U.S.C. Sec.

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Meet Judge Tony Davis

04/01/13

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A Warning Against Do It Yourself Legal Forms

03/29/13

A debtor avoided losing her home in a recent case illustrating the perils of do it yourself legal forms. Lowe v. Vazquez, No. SA-12-CV-00399-DAE (W.D. Tex. 3/28/13).

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Fifth Circuit Issues Two Decisions Easing Path for Chapter 11 Debtors

03/19/13

Within the span of a few days, Judge Patrick Higginbotham of the Fifth Circuit released two decisions which will ease the way for chapter 11 debtors to confirm their plans. In the first decision, the Court definitively put a stake through the heart of the artificial impairment doctrine, while in the second, the Court held that the Till prime + formula, while not mandatory, was becoming the "default" rule for calculating interest in chapter 11 plans. The cases are Matter of Village at Camp Bowie I, LP, No.

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Fifth Circuit Affirms Ruling That "The Loan Has Been Paid!!!;" Rejects Stern and Jurisdictional Defenses

03/14/13

The case of a creditor who did not want to acknowledge that its debt had really and truly been paid received little sympathy from the Fifth Circuit which rejected a panoply of defenses and affirmed the Bankruptcy Court ruling that "The Senior Loan Has Been PAID!!!" Fire Eagle, LLC v. Bischoff (Matter of Spillman Development Group, Ltd., Case No. 11-51057 (5th Cir.

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Two Cases Emphasize Distinct Approaches to Trustee Discretion

03/12/13

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Bloggers Rally to Defense of Defamation Defendant

02/15/13

I have previously written about Crystal Cox, a self-styled investigative blogger, who found herself on the receiving end of a judgment for $2.5 million after she posted caustic comments about a bankruptcy trustee. You can find the prior post here. One aspect of the District Court's opinion which raised my eyebrows was the court's stingy application of the media privilege. Under the District Court's view, most bloggers wou

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