News Topic: Fifth Circuit Court of Appeals

When a case is heard at the Supreme Court, the docket is filled with briefs of amicus curiae trying to say something that will catch the court's attention.   With so many briefs filed, they sometimes cancel each other out in a flutter of pdf files ... Read full article

The fourth quarter of 2017 was another slow period for Fifth Circuit opinions dealing with bankruptcy.  There was only one published opinion and there were several opinions that I found on the Fifth Circuit's page but were not in LEXIS.  ... Read full article

The third quarter of 2017 had one blockbuster opinion reaffirming the finality of exemptions in Chapter 7 and several less remarkable decisions.   It was a slow quarter for bankruptcy. Rosbottom v. Schiff (Matter of Rosbottom) , 701 Fex. Appx. 330(5th Cir. ... Read full article

This quarter's cases involve numerous cases on home loans, several cases related to doctors and hospitals and interesting cases on judicial estoppel and Rooker-Feldman .   Ocwen Loan Servicing v. Berry, 852 F.3d 469 (5th Cir. 3/29/17)  ... Read full article

In yet another blow to the finality of exemptions, the Fifth Circuit has ruled that a chapter 7 debtor who claimed an IRA as exempt but later withdrew the proceeds must pay the funds to the trustee.   Engelhart v. Hawk (Matter of Hawk) , No. 16-20641 (5th ... Read full article

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The Fifth Circuit decided cases dealing with appellate procedure, exemptions, judicial estoppel, jurisdiction, sanctions, standing and surcharging collateral during the fourth quarter of 2015.  A common theme among the cases is parties being disappointed ... Read full article

This month's Fifth Circuit report doesn't have a lot of bankruptcy sizzle:  an interesting case on abstention and remand,  two unpublished cases about how not to reserve a claim under a plan and a case about suing a trustee.   However, there are ... Read full article

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Rejecting a Seventh Circuit precedent, the Fifth Circuit has ruled that a non-dischargeability claim under section 523(a)(2)(A) must be based upon a false representation.    While bad conduct that does not involve a misrepresentation may be actionable ... Read full article

The big decision out of the Fifth Circuit this month was a Ponzi scheme case against The Golf Channel. ... Read full article

In a unanimous decision, the en banc Fifth Circuit Court of Appeals walked back a prior precedent which mandated an identifiable, tangible and material benefit before professionals employed in bankruptcy cases could be compensated.   No. 13-50075, Barron ... Read full article

February's bankruptcy opinions revolve around the common theme of not doing things right.   There is the case of an attorney who didn't pay a sanctions order and incurred more liability, an assignee from a bankruptcy debtor who wasn't in ... Read full article

The Fifth Circuit decided five bankruptcy cases over the past two months.  They include cases where the effort to recite the facts exceeded the importance of the decision, cases about the effect of summary judgments granted, denied and reversed and a ... Read full article

November brought four bankruptcy opinions from the Fifth Circuit covering everything from interpleader to Navajo law. ... Read full article

It's been a slow month in the Fifth Circuit, my home Circuit with just two bankruptcy-related opinions.   This month's cases involve a non-filing spouse who lost her homestead interest and a bank which provided "reasonably equivalent" ... Read full article

The Fifth Circuit had several bankruptcy-related decisions during September.    This month, it dealt with jury trials, mootness, subject matter jurisdiction,  "quasi-estoppel" and the difference between civil and criminal contempt.   Click on ... Read full article

This has not been a good year for Texas homesteads involved in bankruptcy proceedings.    In April, the Fifth Circuit ruled (after nearly two years under advisement) that the non-filing spouse does not have a separate homestead estate entitled to ... Read full article