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    Applying the Barton Doctrine, the Fifth Circuit Deepends Its Schism with the Eleventh

    28 February 2023

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    Fifth Circuit: Bad Faith Does Not Overcome Deferential Business Judgment Standard Applied to Assumption or Rejection of Contracts in Bankruptcy

    31 January 2023

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    Fifth Circuit Rules on the "Solvent-Debtor Exception" and Make-Whole Premiums

    06 December 2022

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    Fifth Circuit Embraces Flexible Approach to Countryman Test of Executoriness in Bankruptcies Involving Multiparty Contracts

    05 December 2022

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    Fifth Circuit Triples Down: Filed-Rate Natural Gas and Power Contracts Can Be Rejected in Bankruptcy Without FERC Approval

    05 December 2022

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    Fifth Circuit Holds Debtor’s Alleged Bad Faith Dealings Do Not Negate Business Judgment Deference on Lease Rejection

    16 November 2022

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    Fifth Circuit: Make-Whole Premiums Should Be Disallowed in Bankruptcy

    14 November 2022

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    Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case

    14 November 2022

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    Solvent Debtors: Make-Whole Premiums and Post-Petition Interest

    04 November 2022

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    Fifth Circuit Rules on the "Solvent-Debtor Exception" and Make-Whole Premiums

    28 October 2022

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