Many cases deal with debtors who fraudulently convey away their assets before filing bankruptcy. But what about the situation where the debtor is the victim of a fraudulent conveyance rather than the perpetrator? In Galaz v. Galaz (In re Galaz) , No. ... Read full article
The Weil Bankruptcy Blog has a good posting on Goldsby v. 804 Congress, LLC, No. 12-50382 (5th Cir. 6/23/14). In short, this was a case where the Court lifted the automatic stay and a third party bid in more than the amount of the debt. The bank and ... Read full article
Saturday was the final day of the National Conference of Bankruptcy Judges. The panels focused on ethics issues of the future, the role of empirical research and international insolvency. ... Read full article
A failed bid to reap a Beanie Baby bonanza, which resulted in a fifteen year legal odyssey for a chapter 13 debtor and his attorneys, will live on a while longer as a result of the Fifth Circuit’s recent interpretation of Stern v. Marshall . ... Read full article
Normal 0 false false false EN-US X-NONE X-NONE ... Read full article
It is a much misunderstood truism that a "secured creditor ‘with a loan secured by a lien on the assets of a debtor who becomes bankrupt before the loan is repaid may ignore the bankruptcy proceeding and look to the lien for satisfaction of the ... Read full article
The first post in this series discussed successful and (largely) unsuccessful claims brought against mortgage servicers. In Ashley Martins v. BAC Home Loans Servicing, LP , No. 12-20559 (5th Cir. 6/26/13)(also discussed in part 1 of this series) and ... Read full article
Expanding upon its decision in Matter of Zibman , 268 F.3d 298 (5th Cir. 2001), the Fifth Circuit has ruled that the proceeds from sale of a Texas homestead lose their exempt character if they are not reinvested within six months--even when the sale takes ... Read full article
The life of an appellate court judge is largely occupied by consideration of criminal appeals and prisoner petitions. In FY2012, these cases made up 64% of the Fifth Circuit's docket. (By contrast, bankruptcy appeals made up only 1.7% of cases ... Read full article
Expanding upon its decision in Matter of Zibman , 268 F.3d 298 (5th Cir. 2001), the Fifth Circuit has ruled that the proceeds from sale of a Texas homestead lose their exempt character if they are not reinvested within six months--even when the sale takes ... Read full article
Normal 0 false false false EN-US X-NONE X-NONE ... Read full article
Saturday was the final day of the National Conference of Bankruptcy Judges. The panels focused on ethics issues of the future, the role of empirical research and international insolvency. ... Read full article
A failed bid to reap a Beanie Baby bonanza, which resulted in a fifteen year legal odyssey for a chapter 13 debtor and his attorneys, will live on a while longer as a result of the Fifth Circuit’s recent interpretation of Stern v. Marshall . ... Read full article
The first post in this series discussed successful and (largely) unsuccessful claims brought against mortgage servicers. In Ashley Martins v. BAC Home Loans Servicing, LP , No. 12-20559 (5th Cir. 6/26/13)(also discussed in part 1 of this series) and ... Read full article
The life of an appellate court judge is largely occupied by consideration of criminal appeals and prisoner petitions. In FY2012, these cases made up 64% of the Fifth Circuit's docket. (By contrast, bankruptcy appeals made up only 1.7% of cases ... Read full article
It is a much misunderstood truism that a "secured creditor ‘with a loan secured by a lien on the assets of a debtor who becomes bankrupt before the loan is repaid may ignore the bankruptcy proceeding and look to the lien for satisfaction of the ... Read full article
Joining the Fourth and Tenth Circuits, the Fifth Circuit has ruled that BAPCPA did not implicitly repeal the absolute priority rule in individual chapter 11 cases. Matter of Lively , No. 12-20277 (5th Cir. 5/29/13), which can be found here . What ... Read full article
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. ... Read full article
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 ... Read full article
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 ... Read full article
