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Thaw v. Moser (In the Matter of Thaw)

Citation: 
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling: 
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the non-debtor spouse to just compensation because the property interest was acquired after ...
Judge(s): 
King, Graves, and Higginson, Circuit Judges
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Perez v. Hospital Damas, Inc.

Citation: 
No. 13-1810
Ruling: 
This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it decided the plaintiffs had waited ...
Judge(s): 
Howard, Lipez and Barron
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Thaw v. Moser

Citation: 
14-40108
Ruling: 
Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and the property could be used to pay debts of ...
Judge(s): 
King, Graves, and Higginson
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Williams v. Fed Deposit Ins Corp. (In the Matter of Positive Health Mgmt)

Citation: 
Fifth Circuit; No. 12-20687
Ruling: 
In a fraudulent conveyance case, "value" under 11 USC 548(c) is measured by the value that the transferee gave up as its side of the bargain-not the transferor's gain-in determining the "good faith" defense asserted by the defendant. A good ...
Judge(s): 
Stewart, Weiner and Costa
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Miller v. United States Trustee (In re Miller)

Citation: 
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling: 
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just income both earned and received during ...
Judge(s): 
Nugent, Karlin, Somers
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