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Texas Tech Law Review


Reviews twelve selected bankruptcy opinions of the United States Court of Appeals for the Fifth Circuit decided between July 1, 2011, and June 30, 2012, including the first en banc decision involving bankruptcy since 2006.



Judicial estoppel, Innocent trustees are not judicially estopped from pursuing causes of action, Reed v. City of Arlington, Fraudulent transfers, In re Mirant Corp., Exempt assets, Inherited IRAs are exempt assets under 11 U.S.C. § 522(d)(12), In re Chilton, Homestead values in excess of 11 U.S.C. § 52 2 (p) limits go to unsecured creditors, In re McCombs, Estate property, In re IFS Financial Corp., Nondischargeable debts, Arbitration awards arising out of meritless litigation, Nondischargeable debts under 11 U.S.C. § 523(a)(6), Shcolnik v. Rapid Settlements, Lt., Financial condition in 11 U.S.C. § 523(a)(2)(B), In re Brandi, Secured creditors paying the debtor's lawyers' retainer, In re American International Refinery, Inc., Estate claims, Due diligence fees approved for reimbursement under 11 U.S.C. § 363, In re Asarco LLC, In re Lothian Oil Inc., In re Texas Wyoming Drilling, Inc., 11 U.S.C. § 362(b)(4), In re Halo Wireless, Inc.


Blake H. Bailey, Bankruptcy, 45 Tex. Tech L. Rev. 603 (2012-2013)