Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

5th Circuit

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
Read on...

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
Read on...

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
Read on...

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
Read on...

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
Read on...

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
Read on...

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
Read on...

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

Citation: 
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling: 
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and remanded the district court’s grant of summary judgment on Drillers’ ...
Judge(s): 
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges
Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Read on...

Janvey v. Brown et al.

Citation: 
--- F.3d --- (5th Cir. 2014) [No. 13-10266 c/w 13-10272 c/w 13-10276 c/w 13-10279]
Ruling: 
Fifth Circuit AFFIRMED partial summary judgment in favor of the Stanford receiver on TUFTA claims against “net winner” investors. Most notably, the Fifth Circuit agreed that only the false interest paid to investors was subject to avoidance: “Unlike ...
Judge(s): 
HIGGINBOTHAM, CLEMENT, and HIGGINSON. Opinion by HIGGINBOTHAM.
Read on...

Highway 82/Fannin Joint Venture v. Capital One Bank (In the Matter of: Highway 82)

Citation: 
Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
Ruling: 
Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital One's lien on real property.
Judge(s): 
Stewart, Owen, Morgan
Read on...
Syndicate content