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5th Circuit

Baker v. Baker (In the Matter of Baker)

Citation: 
No. 14-10569 (non-precedential)
Ruling: 
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by affirming bankruptcy court's denial of the motion to amend a ...
Judge(s): 
KING, DAVIS, and OWEN (per curiam)
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Ratliff Ready-Mix, L.P. v. Pledger

Citation: 
Ratliff Ready-Mix, L.P. v. Pledger, No. 14-50023, --- Fed. Appx. ---, 2015 WL 294829 (5th Cir. Jan. 23, 2015)
Ruling: 
The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general contractor to a concrete subcontractor notwithstanding the fact ...
Judge(s): 
Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
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Trang v. Taylor Bean & Whitaker Mortgage Corp.

Citation: 
Case No. 14-50281 (5th Cir. Jan. 7, 2015)
Ruling: 
AFFIRMED district court refusal to remand case because non-diverse defendant was improperly joined as there was no reasonable basis for the district court to predict that the plaintiff might be able to recover against defendant. The Fifth Circuit also affirmed ...
Judge(s): 
Circuit Judges King, Jolly and Haynes.
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U.S.A. v. Stanley

Citation: 
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling: 
All four rulings of the District Court were upheld: (1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or issue preclusion, was waived as the Debtor had failed to raise ...
Judge(s): 
Fifth Circuit Court Judges King, Dennis and Clement
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Morton v. Yonkers (In the Matter of Vallecito Gas, LLC)

Citation: 
Harvey Morton, Trustee v. Yonkers, et. al; No. 13-10926
Ruling: 
Chapter 11 trustee could not void overriding royalty interests in a gas lease on lands belonging to the Navajo Nation based solely on the fact that the Navajo Nation had not approved the transfers of overriding royalty interests. The trustee ...
Judge(s): 
Jolly, Jones and Africk
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Orrill, Cordell, & Beary, LLC v. Kaye (In the Matter of Kaye)

Citation: 
Case No. 13-31123 (5th Cir. Nov 17, 2014)
Ruling: 
Dismissed for lack of jurisdiction because District Court order not final since it required additional fact finding by Bankruptcy Court.
Judge(s): 
Davis, Clement, and Costa, Per Curiam
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Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

Citation: 
--- F.3d ---, Case No. 13-41153 (5th Cir. Nov. 3, 2014)
Ruling: 
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the interpleader relieved of further duty to the court or further obligation to the ...
Judge(s): 
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
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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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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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