ATexasBankruptcyLawyersBlog

Bankruptcy Court Denies Recognition to Non-Debtor Releases Contained in Mexican "Concurso"

06/29/12
In a major decision interpreting chapter 15 of the Bankruptcy Code, Judge Harlin Hale has denied recognition of the provisions of the “Concurso” order obtained by Vitro, SAB in Mexico which would have released the liability of its non-bankrupt U.S.
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Stern v. Marshall: The Texas Cases

05/20/12

This is a paper that I did for the Austin Bar Association summarizing the Texas cases applying Stern v. Marshall to date.   Please note that where the holding is indented, I am directly quoting the opinion.   I also used the following key for highlighting certain decisions:

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New Opinion Makes Sense of "Identifiable, Tangible and Material Benefit" Language From Pro-Snax

05/06/12
In Matter of Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir.
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Death Penalty Sanctions Applied in Case of Double-Dealing Attorneys

04/24/12
In a disturbing 52-page opinion, Judge Stacey Jernigan has administered “death penalty” sanctions against The Cadle Company based on double-dealing and non-disclosures by Cadle’s long-time attorneys who also represented the trustee.     The Cadle Company, LLC v. Brunswick Homes, LLC, Adv. No. 06-3417 (Bankr. N.D. Tex.
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Fifth Circuit Tackles Judicial Estoppel Yet Again Resulting in a Split Decision

04/05/12
Failure to schedule causes of action appears to be an endemic problem as shown by the fact that the Fifth Circuit has been asked to apply judicial estoppel to a bankruptcy case once again. However, the latest decision, Love v. Tyson Foods, Inc., No. 10-60106 (5th Cir.
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Florida Case Provides Textbook Example of How to Handle a Discharge Violation

04/02/12
A case involving an elderly woman and egregious violations of the discharge has generated a bit of buzz in the blogosphere. I first noticed it here on the Huffington Post. I decided to write about this case because I was frustrated with trying to verify the posts and because I think ithe case offers a good example of how to efficiently deal with a discharge violation.
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Fifth Circuit Finds Inherited IRAs Exempt

03/13/12
In a case of first impression for the Fifth Circuit or any other court of appeals, the Fifth Circuit has ruled that inherited IRA accounts may be claimed as exempt under 11 U.S.C. Sec. 522(d)(12). Matter of Chilton, No. 11-40377 (5th Cir. 3/12/12), which can be found here.
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Fifth Circuit Rules That Stern v. Marshall Does Not Invalidate Action By Magistrates

03/05/12
In a ruling that could shed some light (but not very much) on the authority of bankruptcy judges, the Fifth Circuit has ruled that a magistrate's ruling in an insurance coverage dispute did not run afoul of the Supreme Court ruling in Stern v. Marshall, ___ U.S. ___, 131 S.Ct. 2594 (2011). Technical Automation Services Corp. v. Liberty Surplus Insurance Corporation, No. 10-20640 (5th Cir.
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Texas State Court Gets Judicial Estoppel Right

03/01/12
The Dallas Court of Appeals has published a new decision correctly applying the doctrines of judicial estoppel and standing relating to a cause of action omitted from a bankruptcy filing. Norris v. Brookshire Grocery Company, ___. S.W.3d ___ (Tex. App.--Dallas, 2/29/12, no pet.). You can find the opinion here.
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