5th Circuit

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 4 days 15 hours ago

5th Circuit, 11 U.S.C. § 105, Fraud, Plan Confirmation, Venue/Jurisdiction, Fraudulent Transfers, Bankruptcy Litigation

Citation:

5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)

Ruling:

AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed. Additionally, the court found that the bankruptcy court did not err ...

Judge(s):

King, Higginbotham, and Clement.

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Smyth v. Simeon Land Development, L.L.C. (In re Escarent Entities, L.P.)

Summarized by Lyndel Anne Mason, Cavazos, Hendricks, Poirot & Smitham, PC 4 weeks 22 hours ago

5th Circuit, Bankruptcy Process and Procedure

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Citation:

In the Matter of Escarent Entities, LP/ Smyth v Simeon Land Development, LLC et.al., Case No. 12-50297 (5th Cir. 2013)UNPUBLISHED

Ruling:

Following In re Gilchrist, 891 F. 2d 559, 560, the Circuit Court affirmed the District Court's holding that the appeal of a sale order of the Bankruptcy Court was moot as Appellant had not obtained a stay order pending appeal, ...

Judge(s):

DeMoss, Owen and Haynes. Judge Haynes concurred in the judgment only.

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Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

Summarized by John Jones, JRJONESLAW PLLC 4 weeks 1 day ago

5th Circuit, 11 U.S.C. § 541, 11 U.S.C. § 1103, 11 U.S.C. § 1109, 11 U.S.C. § 1123, Claims, Plan Confirmation, Practice and Procedure, Business Reorganization

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Citation:

Case No. 11-51106 (5th Cir. April 18, 2013)

Ruling:

AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket reservation in plan of "any and all claims" because the ...

Judge(s):

Wiener, Clement, and Prado, Circuit Judges

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First National Bank v. Crescent Electric Supply Co. (In re Renaissance Hospital Grand Prairie Inc.)

Summarized by Craig Geno, Craig M Geno PLLC 5 weeks 5 days ago

5th Circuit, Bankruptcy Process and Procedure

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Citation:

Case Number 12-10386 Fifth Circuit Court of Appeals

Ruling:

The 5th Circuit upheld the District Court's reversal of the Bankruptcy Court's decision in a lien priority dispute between material suppliers/mechanics lien claimants and secured creditors, placing heavy emphasis upon stipulations of counsel in pretrial proceedings. In dicta, the 5th Circuit ...

Judge(s):

Stewart, Davis and Clement

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Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Summarized by Eric Lockridge, Kean Miller LLP 10 weeks 21 hours ago

5th Circuit, Real Estate, Plan Confirmation, Finance and Banking, Bankruptcy Litigation, Business Reorganization

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Citation:

Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)

Ruling:

Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime should be used. The Court also rejected the Debtors' equitable-mootness argument and ...

Judge(s):

Higginbotham, Elrod, Haynes

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Fire Eagle L.L.C. v. Bischoff (In re Spillman Development Group, Ltd.)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 11 weeks 18 hours ago

5th Circuit, 11 U.S.C. § 363, Claims, Bankruptcy Litigation, Business Reorganization, Bankruptcy Process and Procedure

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Citation:

5th Cir. Court of Appeals - Case No. 11-51057

Ruling:

The Court of Appeals AFFIRMED the District Court's ruling, which affirmed the bankruptcy court's ruling that granted the summary judgment of two consolidated matters.

Judge(s):

Circuit Court Judges REAVLEY, DENNIS and CLEMENT.

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Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Summarized by Michael Cooley, Akin Gump Strauss Hauer & Feld LLP 11 weeks 3 days ago

5th Circuit, 11 U.S.C. § 1123, 11 U.S.C. § 1124, 11 U.S.C. § 1129, Claims, Real Estate, Plan Confirmation

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Citation:

No. 12-10271 (5th Cir. February 26, 2013).

Ruling:

Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between discretionary (i.e., “artificial”) and economically driven impairment, and therefore a ...

Judge(s):

Higginbotham, Clement, and Haynes.

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Angles v. Flexible Flyer Liquidating Trust (In re Flexible Flyer Liquidating Trust)

Summarized by Lyndel Anne Mason, Cavazos, Hendricks, Poirot & Smitham, PC 11 weeks 5 days ago

5th Circuit, Bankruptcy Process and Procedure

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Citation:

Angles, et.al. v Flexible Flyer Liquidating Trust (5th Cir. Feb. 11,2013) [unpublished]

Ruling:

Because the layoffs of all employees by Flexible Flyer on the date it filed bankruptcy were shown to have been caused by the abrupt unavailablity of operating funds, which were completely unanticipated, the WARN Act's 60-day notice provision did not ...

Judge(s):

Jolly, Prado and Higginson

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Clinton Growers v. Pilgrim's Pride Corp. (In re Pilgrim's Pride Corp.)

Summarized by John Jones, JRJONESLAW PLLC 12 weeks 1 day ago

5th Circuit, Claims, Agriculture/PACA, Executory Contracts/Leases

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Citation:

Case No. 12-10063 (5th Cir. January 31, 2013)

Ruling:

AFFIRMED bankruptcy court's grant of summary judgment for Pilgrim's Pride Corporation ("PPC") on the ground that written contracts between PPC and Clinton Growers barred the alleged oral promises of a contract for the long haul and promissory estoppel claim under ...

Judge(s):

DeMoss, Southwick, and Higginson, Circuit Judges

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Kinkade v. Kinkade (In re Kinkade)

Summarized by Gregory Hesse, Hunton & Williams LLP 14 weeks 2 days ago

5th Circuit, Family/Divorce Issues, Discharge/Dischargeability

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Citation:

No. 12-30525 (5th Cir. Feb. 6, 2013)

Ruling:

Debts incurred by debtor to former spouse for money loaned to debtor both before and during marriage were non-dischargeable pursuant to 11 U.S.C. Sec. 523(a)(15) because the divorse decree stated that the debtor was obligated to the former spouse for ...

Judge(s):

Reavley, Prado and Elrod.

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5th Circuit

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Smyth v. Simeon Land Development, L.L.C. (In re Escarent Entities, L.P.)

Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

First National Bank v. Crescent Electric Supply Co. (In re Renaissance Hospital Grand Prairie Inc.)

Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Fire Eagle L.L.C. v. Bischoff (In re Spillman Development Group, Ltd.)

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Angles v. Flexible Flyer Liquidating Trust (In re Flexible Flyer Liquidating Trust)

Clinton Growers v. Pilgrim's Pride Corp. (In re Pilgrim's Pride Corp.)

Kinkade v. Kinkade (In re Kinkade)

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