ATexasBankruptcyLawyersBlog

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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The Leif and Times of Judge Clark (Pt. Two)--The Consumer Opinions

01/09/13

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The Leif and Times of Judge Clark (Pt. One)

01/07/13

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Thinking Outside of the Box on Venue

11/12/12

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NCBJ: From Stern's Fallout to Arguing Before the Supreme Court

10/27/12
The National Conference of Bankruptcy Judges consistently delivers some of the best continuing legal education in the country for bankruptcy lawyers.   Here are some highlights from this year’s conference.
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Two Supreme Court Decisions Turn on Statutory Language

10/25/12
In two bankruptcy appeals decided this summer, the Supreme Court faithfully followed congressional intent in one case, while finding that the language used by Congress did not quite do the job in the other.    In RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S.Ct. 2065, 182 L.Ed.2d 967 (2012), the Court put In re Philadelphia Newspapers, LLC, 599 F.3d 298 (3rd Cir.
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