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5th Circuit

Garner v. Knoll, Inc. (In re Tusa-Expo Holdings, Inc.)

Citation: 
Fifth Circuit;No. 15-10274
Ruling: 
Trustee in preference litigation failed to satisfy the "source" aspect of the El Paso Refining case from the Fifth Circuit and thus did not establish the requirement of Section 547 (b)(5) so that the transfers in question were not preferences ...
Judge(s): 
Smith, Wiener and Graves
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Krueger v. Torres (In re Krueger)

Citation: 
No. 14-11355, fifth Circuit Court of Appeals
Ruling: 
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant to 11 U.S.C. § 707(a) as his bad faith constituted “cause” for dismissal.
Judge(s): 
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
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Gold Star Construction, Incorporated v. Cavu/Rock Properties Project I, L.L.C.

Citation: 
Fifth Circuit;No. 15-50455
Ruling: 
The doctrines of res judicata and collateral estoppel were not applicable to a party which advocated very different valuations for the same property in different contexts (value for confirmation purposes was several million dollars less than the value of the ...
Judge(s): 
KIng, Clement and Owen
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Southwest Securities, FSB v. Segner, Jr.

Citation: 
Case No. 14-41463 (5th Cir. Dec. 29, 2015)
Ruling: 
AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the Court held that while an ...
Judge(s): 
Benavides, Dennis and Costa, Circuit Judges.
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Collins v. Sidharthan (In the Matter of KSRP, Ltd.)

Citation: 
--- F.3d ---, Case No. 14-41226 (5th Cir. Dec. 15, 2015)
Ruling: 
AFFIRMED district court's "take nothing" judgment, concluding that "related to" jurisdiction existed over suit between non-debtor parties, because the non-debtor defendant's indemnity claim against the debtor (though not ultimately meritorious) had a conceivable impact on the bankruptcy estate. In ...
Judge(s): 
Haynes, Jolly and Costa
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Moser, et al. v. Schachar (In the Matter of Thaw)

Citation: 
CTA5 No. 15-40321
Ruling: 
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for abandoned or exempted property from the effects of 52.042, the ...
Judge(s): 
Before REAVLEY, ELROD and HAYNES, Circuit Judges.
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Smith v. Robbins (In the Matter of IFS Financial Corp)

Citation: 
Case No. 14-20588 (5th Cir. Sep 25, 2015)
Ruling: 
Affirmed removal of chapter 7 trustee in all pending cases.
Judge(s): 
Higginbotham, Dennis, and Haynes
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DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc.

Citation: 
DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)
Ruling: 
Affirmed judgment dismissing lawsuit and imposing $20,000 sanction against plaintiff and its law firm for filing a frivolous lawsuit and threatening to cloud title on property being foreclosed upon by CitiMortgage.
Judge(s): 
Jones, Smith, Southwick
Not worthy of a summary? Why?: 
The opinion does not contain any reference to bankruptcy law or practice.
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Netsphere Inc. v. Baron

Citation: 
No. 13-10119 (5th Cir. Aug. 14, 2015)
Ruling: 
A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for want of jurisdiction.
Judge(s): 
Higginbotham, Jolly, Davis
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U.S.A. v. Gsdmidea City, L.L.C.

Citation: 
Fifth Circuit; No.14-10999
Ruling: 
Chapter 13 debtor who filed False Claims Act litigation while in the third year of a confirmed five year Chapter 13 plan, was judicially estopped from pursuing those claims because he failed to disclose them to the bankruptcy court. While ...
Judge(s): 
Stewart, King and Elrod
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