Fifth Circuit

Fifth Circuit Holds Line on Exculpation Clauses But Offers Some Help

10/02/22

The Fifth Circuit is largely resistant to third party release provisions. The Circuit will enforce a clearly defined third-party release that is not objected to, Republic Supply Co. v. Shoaf, 815 F.2d 1046 (5th Cir. 1987), but will not sustain such a provision if a timely objection is filed, Ad Hoc Group of Vitro Noteholders v. Vitro SAB De CV (In re Vitro SAB De CV), 701 F.3d 1031 (5th Cir. 2012). It is also resistant to bar orders, Feld v.

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Could A Texas Bankruptcy Lawyers Blog Be Sued for Defamation in Idaho Bankruptcy Court? A Discussion About In Personam Jurisdiction

12/26/21

Consider the following hypothetical:

Assume that I wrote a story about a restaurant patron from Oklahoma who filed a claim in the case of a Texas restaurant claiming that he got food poisoning from eating a batch of bad French fries. In the course of describing the patron's travails, I state that the patron must have felt like he was living in his own private Idaho hell and then quote the following lyrics from the B-52s:

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Fifth Circuit Grants Small Victories to Student Loan Debtors

10/26/19
The news for student loan borrowers in bankruptcy is usually so grim that even a small victory is cause to sit up and take notice.   The Fifth Circuit recently handed student loan debtors two small victories, ruling that dischargeability of student loans was not subject to arbitration and that bar exam loans could be discharged.  The cases are Case No. 18-20809, Stephanie Marie Henry v. Educational Financial Service (Matter of Stephanie Marie Henry)(Fifth Cir. 10/17/19) and Case No. 18-20254, Evan Brian Crocker v.
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Fifth Circuit Report: 1st Quarter 2017

05/20/17
It has been a while since I have done a Fifth Circuit report.   With the new year, I am going to try to get back to chronicling each quarter's decisions from my home circuit.
Breach of contract; attorney's fees; abuse of process; malicious prosecution; sanctions; due process

Texas Capital Bank v. Dallas Roadster, Ltd. (In re Dallas Roadster, Ltd), 846 F.3d 112 (5th Cir. 1/17/17)

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Fifth Circuit Finds No Clear and Convincing Evidence of Bad Faith and Undoes Bankruptcy Court Sanction Against Cadle Company

05/24/14
The Fifth Circuit has reversed a Bankruptcy Court's decision to impose death penalty sanctions against a creditor where the lower court found that "the very temple of justice has been defiled." The Bankruptcy Court had found that the actions of an attorney who was the Cadle Company's long-time lawyer and was representing the Trustee as special counsel could be imputed to Cadle.
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Fifth Circuit Declines to Rehear Stern Consent Issue

02/28/14
Recently, the Fifth Circuit has authored two opinions in which it opined that parties could not consent to entry of a final order in a case governed by Stern v. Marshall.   In one of these cases, BP RE, LP v. RML Waxahachise Dodge, LLC, 735 F.3d 279 (5th Cir. 2013), the plaintiff, having filed suit in bankruptcy court, invoked Stern v.
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Fifth Circuit Declines to Rehear Stern Consent Issue

02/28/14
Recently, the Fifth Circuit has authored two opinions in which it opined that parties could not consent to entry of a final order in a case governed by Stern v. Marshall.   In one of these cases, BP RE, LP v. RML Waxahachise Dodge, LLC, 735 F.3d 279 (5th Cir. 2013), the plaintiff, having filed suit in bankruptcy court, invoked Stern v.
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Leading Fifth Circuit Cases on Dischargeability

02/26/14
This is an article that I did for this year's Advanced Consumer Bankruptcy Course.   I have attempted to summarize all of the published decisions on dischargeability from the Supreme Court, Fifth Circuit, Texas District Courts and Texas Bankruptcy Courts (since 2009 for the Bankruptcy Courts).   
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Leading Fifth Circuit Cases on Dischargeability

02/26/14
This is an article that I did for this year's Advanced Consumer Bankruptcy Course.   I have attempted to summarize all of the published decisions on dischargeability from the Supreme Court, Fifth Circuit, Texas District Courts and Texas Bankruptcy Courts (since 2009 for the Bankruptcy Courts).   
[more]