Bankruptcy

Date

1993

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyzes the most significant bankruptcy cases decided by the Fifth Circuit between June 1991 and May 1992. In Heitkamnp v. Dyke, 943 F.2d 1435 (5th Cir. Oct. 1991), the court determined debtors' ability to claim retirement plans as exempt. In E.F. Hutton Southwest Properties II, Ltd. v. Union Planters National Bank (In re E.F. Hutton Southwest Properties II, Ltd.), the Fifth Circuit affirmed the district court's and the bankruptcy court's holding that neither section 345(a) nor section 543(a) required Union Planters to invest collected funds. Engra, Inc. v. Gabel delineates the difficulty that lawyers unfamiliar with bankruptcy procedures face when trying to collect their fees. Includes a chart showing bankruptcy cases decided by the Fifth Circuit 1978-1992.

Description

Rights

Availability

Keywords

Bankruptcy, Bad faith filing, Foreclosure sale, Punitive damages, The Honorable John C. Akard, Dischargeability of debts, Trusts, Homesteads, Survey

Citation

24 TEX. TECH L. REV. 415