Fifth Circuit Court of Appeals

Texas Court Holds Third-Party Claims “Related to” Bankruptcy Case

In Lone Star State Bank of West Texas v. Waggoner, et al. (In re Waggoner Cattle, LLC), Adv. P. No. 18-02003 (RLJ) (Bankr. N.D. Tex. Nov. 19, 2018), the United States Bankruptcy Court for the Northern District of Texas reminded… Read More ›

Third Circuit Upholds Implied Consent to Bankruptcy Court Jurisdiction

Federal bankruptcy judges, who are not appointed under Article III of the Constitution, do not have the power to enter a final judgment in all matters that come before them. Pursuant to 28 U.S.C. § 157(b)(2), they generally may enter… Read More ›

Fifth Circuit Holds that Disguised Financing is not Entitled to Administrative Priority Claims

“To Lease or Not to Lease?” Whether an equipment lease is characterized as a true lease or a disguised financing in a bankruptcy setting determines what rights and remedies are available to the lessor. For example, if the lease is… Read More ›

Wow! Fifth Circuit Eases Standard for Awarding Professional Fees

In a long-awaited opinion, the Fifth Circuit Court of Appeals recently reversed its ruling in Pro-Snax Distributors, Inc., 157 F.3d 414, 426 (5th Cir. 1998), providing that a bankruptcy professional can only collect fees for services provided to a bankrupt debtor that “resulted… Read More ›

Fifth Circuit Revives Warn Act Class Action in Bankruptcy

The Fifth Circuit Court of Appeals recently remanded a dismissed adversary proceeding where a former employee of a corporate debtor attempted to assert a class action on behalf of himself and 129 other employees for alleged violations of the Worker Adjustment… Read More ›

Fifth Circuit Opines On Chapter 11 Voting Process

The Fifth Circuit Court of Appeals recently determined the issue of whether a chapter 11 plan that artificially impairs a class of creditors for purposes of complying with section 1129(a)(10) of the Bankruptcy Code is confirmable.  See Western Real Estate Equities, L.L.C…. Read More ›