Fifth Circuit Court of Appeals

How the Amici Came Together for the Fifth Circuit's Disappearing Exemptions Cases

03/11/18
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 sounding variations on the same themes.   However, amicus briefs are much less common at the Court of Appeals level.  Recently I was part of an effort where a panel of the Fifth Circuit reversed itself in one instance and reversed a district court in another.   The cases are Hawk
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Fifth Circuit Report: 4th Quarter 2017

02/20/18
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.  Nevertheless, here they are for your consideration.   The cases cover mootness, standing, and verbal statements about financial condition.
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Fifth Circuit Report: Third Quarter 2017

02/19/18

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 Appx. 330(5th Cir. 7/17/17)(unpublished)

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Fifth Circuit Report: 2nd Quarter 2017

07/31/17

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) 

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Fifth Circuit Goes Further Down the Disappearing Exemption Rabbit Hole

07/21/17
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 Cir.
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Cases Demonstrate Multiple Ways to Leave Chapter 7

03/22/16

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Fifth Circuit Report: Oct.-Dec. 2015

02/24/16
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 in a variety of contexts, including having an appeal dismissed on procedural grounds, having a lawsuit dismissed based on incomplete filings in a bankruptcy case, losing exem
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Fifth Circuit Report: June 2015

07/18/15
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 some fascinating cases about lenders, liens, fraudulent transfers, the Texas Debt Collection Act and the Fair Debt Collection Practices Act.
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Fifth Circuit Narrows Fraud Dischargeability Claims

05/28/15
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 under other sections of the Code, it will not constitute actual fraud under Sec. 523(a)(2)(A).   Husky International Electronics, Incorporated v. Ritz (Matter of Ritz), No. 14-20526 (5th Cir. 5/22/15).
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