Fifth Circuit

Despite Bad Behavior By Wells Fargo, Court Finds That Broad Remedial Injunction Was Unwarranted

07/23/11
Despite clear cut abuse by a mortgage lender, the Fifth Circuit has found that a bankruptcy court lacked authority to enter a broad remedial injunction requiring Wells Fargo to conduct an extensive audit of claims filed in the Eastern District of Louisiana. Matter of Stewart, No. 09-30832 (5th Cir. 7/22/11). You can find the opinion here.
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Difference in Wording Dooms Bankruptcy Discrimination Claim

03/05/11
A debtor who was denied a job based on a bankruptcy filing found out the hard way that subtle differences in wording can make a big difference. Burnett v. Stewart Title, No. 10-20250 (5th Cir. 3/4/11). You can find the opinion here.
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Fifth Circuit Adopts Literal Reading of Exemption Statute

01/22/11
One of the reforms adopted by BAPCPA was to increase the amount of time a person had to spend in a state before he could take advantage of that state's exemptions. Under 11 U.S.C. Sec. 522(b)(3)(A), a person must live in a state for 730 days to claim that state's exemptions. If the debtor does not satisfy the 730 day requirement, the law of the state where the debtor lived for the greater portion of the 180 days prior to the 730 days applies.
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What Do Circuit Judges Do? Not Much of it is Bankruptcy

11/29/10

A new report from the Fifth Circuit offers some interesting statistics on the work of the court of appeals. You can find the report here. During Fiscal Year 2010, the Court received 7,337 new appeals, just 1.1% of which were bankruptcy appeals. Nearly 64% of the appeals filed were either criminal or prisoner appeals. Bankruptcy was the second smallest category, beating out only mandamus cases at 0.3%. During Fiscal Year 2010, there were just 82 bankruptcy appeals, down from 130 in 2007.

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New Opinion Raises Difficult Questions on Adequate Protection

10/31/10

A new opinion in the Scopac case raises difficult questions about adequate protection. In Matter of Scopac, No. 09-40307 (5th Cir.

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