Creditor With a Derivative Claim Has Standing to Sue, Fifth Circuit Says
Embezzlement from an LLC conferred standing to sue on an owner, not only on the LLC.
Fifth Circuit Rules on Judicial Estoppel, an Issue Before the Supreme Court This Term
Supreme Court will decide whether potential motive for nondisclosure invokes judicial estoppel, or whether there must be subjective intent by the debtor to conceal.
Fifth Circuit Has No Bright-Line Rule Cutting Off Objections to Exemptions
When a trustee doesn’t file a notice with the adjourned date of a creditors’ meeting, equitable considerations govern when or whether the time expired for objecting to exemptions.
Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’
A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.
Estimated Tax Payments Made Before Filing Aren’t Fraudulent Transfers to the IRS
When estimated tax payments are ‘reasonable’ estimates of the year’s taxes, they aren’t fraudulent transfers, district judge says
A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart
The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.
Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts
An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.
Student Loans Consolidated After Filing Can’t Be Discharged, Even for Undue Hardship
Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.