News
Reliance Upon J. Alix Protocol May Preclude Exculpation in the Fifth Circuit
Okin Adams’s Partner and Bankruptcy and Restructuring Attorney David Curry and Bankruptcy and Restructuring Attorney Edward Clarkson recently collaborated on an article for the American Bankruptcy Institute’s Business Reorganization Committee, discussing how the reliance on the J. Alix Protocols could preclude exculpation for certain estate professionals in the Fifth Circuit. Chapter 11 plans providing for…
CONTINUE READING
Continuing Recent Trend of Broadening the Scope of Appellate Review in Bankruptcy Appeals
Fifth Circuit Guts Statutory Limitations Upon the Application and Appellate Review of Abstention in Bankruptcy Cases On January 5, 2023, the Fifth Circuit Court of Appeals issued its opinion in ERCOT v. Just Energy Texas, L.P., vacating the decision of the Bankruptcy Court for Southern District of Texas denying ERCOT’s motion to dismiss and refusing…
CONTINUE READING
Texas Court of Appeals Issues Important Clarification on the Procedure for Self-Authentication under Rule 193.7
Texas Rule of Civil Procedure 193.7 sets forth a procedure for self-authentication of documents used against a party which produced them. In summary, the rule provides that documents produced by a party (the “Producing Party”) are self-authenticated for use against the Producing Party unless that party objects in writing or on the record within 10…
CONTINUE READING
15 Years in Review
As we wrap up our 15th year in business, we reflect on how far we’ve come and all that we’ve accomplished in the last year. For Managing Partner and Founder Matthew Okin, this 15-year anniversary demonstrates the sustainability and success of what he sought to establish at the very beginning. “When I founded Okin Adams,…
CONTINUE READING“No Stay, No Pay” – Fifth Circuit Explains (Again) Why Statutory Mootness is Fatal to Appeal of Bankruptcy Sale Order
Introduction Bankruptcy sales are known for their speed and complexity. Notwithstanding the implications for procedural due process rights or otherwise meritorious appellate arguments, bankruptcy courts routinely waive the fourteen-day stay provided in Bankruptcy Rule 6004(h) and authorize debtors to close sales immediately. The occurrence of closing has broad ramifications for parties desiring to challenge the…
CONTINUE READING