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    Court Holds Filing of Proof of Claim Results in Waiver of Right to Jury Trial Despite Claimants’ Purported Reservation of Rights
    2020-02-20

    The Bottom Line

    In an opinion dated Jan. 10, 2020, Bankruptcy Judge Craig A. Gargotta of the Western District of Texas (San Antonio Division) held that a creditor who submits a proof of claim in bankruptcy waives its right to a jury trial, regardless of whether the creditor has couched its claim in protective language purporting to reserve its right to a jury trial. See Schmidt v. AAF Players LLC (In re Legendary Field Exhibitions LLC), 19-05053 (Bankr. W.D. Tex. Jan. 10, 2020).

    What Happened?

    Background

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Erica D. Wolf
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bankruptcy Court Rules that Dedications Within Gathering Agreements "Run with the Land”
    2020-01-10

    On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, King & Spalding LLP, Debtor, United States bankruptcy court
    Authors:
    Matthew Warren , Thaddeus D. Wilson , Lindsey Henrikson , R. Jacob Jumbeck (Jake)
    Location:
    USA
    Firm:
    King & Spalding LLP
    Texas Court Undercuts Sabine, Holding Gathering Agreements Cannot Be Rejected
    2019-12-23

    On December 20, 2019, the honorable Marvin Isgur, judge of the Southern District of Texas Bankruptcy Court, issued an opinion holding that Alta Mesa Holdings (“Alta Mesa”), an upstream oil and gas producer with operations based in the STACK formation, could not, under Oklahoma law, reject certain gathering agreements in its bankruptcy case.1 The holding in Alta Mesa follows a similar outcome issued less than three months earlier in In re Badlands Energy, Inc.,2 a case decided by a Colorado bankruptcy court applying Utah law.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Sidley Austin LLP, United States bankruptcy court, U.S. Court of Appeals
    Authors:
    Duston K. McFaul , Charles M. Persons , Michael Fishel , Juliana Hoffman
    Location:
    USA
    Firm:
    Sidley Austin LLP
    5th Cir. Rejects Borrower’s Texas Foreclosure Statute of Limitations Challenge
    2019-12-26

    The U.S. Court of Appeals for the Fifth Circuit recently affirmed judgment against a borrower for quiet title claims brought against the owner and servicer of her mortgage loan, and entered judgment of foreclosure in the loan owner and servicer’s favor on their counterclaims for foreclosure against the borrower.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Debtor, Mortgage loan, Google, Title 11 of the US Code
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Houston Bankruptcy Court Holds Midstream Gathering Agreements Cannot Be Rejected As Executory Contracts
    2019-12-12

    THE DISPUTE

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, K&L Gates LLP, European Securities and Markets Authority, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jamie Lavergne Bryan , Michael D. Cuda , Claire Piepenburg
    Location:
    USA
    Firm:
    K&L Gates LLP
    5th Cir. Holds Bankruptcy Courts Cannot Enforce Discharge Injunctions From Other Districts
    2019-11-01

    The U.S. Court of Appeals for the Fifth Circuit recently held that a bankruptcy court lacks the power to enforce discharge injunctions entered in other districts, and that the debtors’ particular private education loans were not excepted from discharge.

    A copy of the opinion in Crocker v. Navient Solutions, LLC is available at: Link to Opinion.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Student loan, Title 11 of the US Code
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Fifth Circuit Ruling is Double-Edged Sword for Education-Related Loans
    2019-11-06

    On October 22, the Court of Appeals for the Fifth Circuit issued a ruling in Crocker v. Navient Solutions that could have mixed consequences for student loan borrowers and creditors alike. The Court determined that a bankruptcy court lacks the authority to enforce discharge injunctions issued by bankruptcy courts in other districts.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Public, Troutman Pepper, U.S. Court of Appeals
    Authors:
    Jared D. Bissell , David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    Judges can Testify as Fact Witnesses in Attorney Discipline Cases
    2019-10-25

    Commission for Lawyer Discipline v. Cantu Supreme Court of Texas, No. 18-0879 (October 25, 2019) Per Curiam (opinion available here)

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Carrington Coleman, Title 11 of the US Code
    Authors:
    Kelli M. Hinson
    Location:
    USA
    Firm:
    Carrington Coleman
    Filing a Proof of Claim Does Not Preserve an Administrative Expense Claim
    2019-09-20

    The Bankruptcy Protector

    A Texas bankruptcy judge has determined that a landlord will not be entitled to an administrative claim for post-petition rent as it failed to file and prosecute a timely motion for allowance of the administrative rent claim holding that a previously and timely filed proof of claim is insufficient. In re: Taco Bueno Restaurants Inc., --- B.R --- (Docket No. 18-33678), 2019 WL 4010681 (Bankr. N.D. Tex. Aug. 23, 2019).

    The Filing and Lease Rejection

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Debtor, Title 11 of the US Code
    Authors:
    C. Craig Eller
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Thinking Outside the (Big) Box
    2019-08-07

    Bankruptcy filings of big box retailers such as Sears, Shopko and Charming Charlie have left landlords with difficult space to fill, especially at a time when few retailers are looking to expand and open new brick-and-mortar stores. Charming Charlie will close all of its 261 stores in 2019 (35 of which are located in Texas) while Sears announced 80 new store closures at the beginning of 2019 in addition to the 220 store closures it announced last year. Sears owned 687 stores at the time it filed for Chapter 11 bankruptcy last October.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Real Estate, Hunton Andrews Kurth LLP, Bankruptcy
    Authors:
    Shannon Esperti , Mark R. Vowell
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP

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