LexisNexis® Legal Newsroom
Fifth Circuit Declines to Apply Judicial Estoppel to Inconsistent Creditor Claims in Subsequent Case

The Fifth Circuit has added a new decision to its judicial estoppel jurisprudence, holding that a creditor that submitted claims in different amounts in successive cases was not estopped. While it may seem that the court is applying the estoppel doctrine in an uneven manner, penalizing debtors but not...

September's Bankruptcy and Related Decisions in the Fifth Circuit

The Fifth Circuit had several bankruptcy-related decisions during September. This month, it dealt with jury trials, mootness, subject matter jurisdiction, "quasi-estoppel" and the difference between civil and criminal contempt. Click on the style of the case to read the underlying opinion....

Fifth Circuit's Bankruptcy Opinions from October 2014

It's been a slow month in the Fifth Circuit, my home Circuit, with just two bankruptcy-related opinions. This month's cases involve a non-filing spouse who lost her homestead interest and a bank which provided "reasonably equivalent" value but not enough to constitute a complete defense...

Fifth Circuit Bankruptcy Report: March 2015

The big decision out of the Fifth Circuit this month was a Ponzi scheme case against The Golf Channel. Honorable mentions included the follow up appeal in the Frazin case which first addressed consent in Stern cases and several cases involving mortgages. Because there have been slim pickings among bankruptcy...

Fifth Circuit Bankruptcy Report: August-September 2015

The summer months have been slow at the Fifth Circuit. August and September's opinions include an update on a prior opinion about abstention related to a chapter 15, judicial estoppel, mootness of an appeal of a sale order, a motion to compromise, removal of a trustee, recognition of a foreign judgment...