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.
541(a)(2), when one spouse files bankruptcy, all joint management community
property enters the bankruptcy...
From 1989 to 2007, Judges Larry Kelly and Frank Monroe
occupied the bankruptcy bench in Austin, providing a period of judicial
continuity rivaled only by their colleagues in San Antonio (Judges Leif Clark
and Ronald King served at the same time from...
A debtor avoided losing her home in a recent case
illustrating the perils of do it yourself legal forms. Lowe v. Vazquez ,
No. SA-12-CV-00399-DAE (W.D. Tex. 3/28/13) [ an enhanced version of this opinion is available to lexis.com
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...
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...
Trustees, like debtors-in-possession, owe a fiduciary
duty to their constituents, but are protected by the business judgment rule. Two
recent cases illustrate how a trustee's discretion can be exercised depending
upon which rule is given primacy...
I have previously written about Crystal Cox, a
self-styled investigative blogger, who found herself on the receiving end of a
judgment for $2.5 million after she posted caustic comments about a bankruptcy
trustee. You can find the prior post here ...