Try our Advanced Search for more refined results

Expert Analysis

Code Trumps Contract In The 5th Circ.

Law360, New York (July 23, 2014, 2:10 PM EDT) -- When an oversecured creditor forecloses on a debtor's property after the automatic stay has been lifted, does the Bankruptcy Code (as opposed to state law) govern recovery of attorneys' fees and other amounts from the sale proceeds? Does the bankruptcy court have jurisdiction over the distribution of such proceeds? In Goldsby v. 804 Congress LLC (In re 804 Congress), the United States Court of Appeals for the Fifth Circuit answered both questions in the affirmative, citing, among other things, the legislative intent of the Bankruptcy Code and the bankruptcy court's role in resolving lienholder disputes....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!