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5th Circuit

Templeton v. O'Cheskey (In the Matter of American Housing Foundation)

Citation: 
In the Matter of American Housing Foundation; Fifth Circuit; No. 14-10563
Ruling: 
In a complex factual setting, where the transactions were poorly documented, the Appellant Templeton "invested" over $2million in limited partnerships that were affiliates of the Debtor. The investments were guaranteed by the debtor.The Debtor's principal diverted many of the investments ...
Judge(s): 
King, Davis and Owen
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Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

Citation: 
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling: 
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent to credit bid on the collateral.
Judge(s): 
REAVLEY, JONES, and ELROD, Circuit Judges.
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Rivera v. Bank of America

Citation: 
Case No. 14-40837. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 74.5.4.
Ruling: 
Affirmed district court's summary judgment in favor of mortgage lender. Four-year statute of limitations to foreclose on residential real property after first accelerating the note did not bar the foreclosure in this case. Lender's foreclosure action in 2013, ...
Judge(s): 
Per Curiam (Prado, Owen, Graves)
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Thompson v. Bank Of America National Association

Citation: 
Case No. 14-10560 (5th. Cir. April 21, 2015)
Ruling: 
5th Circuit AFFIRMED district court grant of summary judgment for bank and held the bank did not waive its right to foreclose and did not make any actionable misrepresentation. The 5th Circuit rejected a theory of waiver based on ...
Judge(s): 
Reavley, Smith and Graves, Circuit Judges
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Buescher v. First United Bank and Trust (In the Matter of Buescher)

Citation: 
Case No. 14-40361 (5th Cir. Apr 13, 2015)
Ruling: 
Affirmed judgment against debtors denying discharge under Section 727(a)(3) for failure of debtors to preserve records as to their financial condition. Creditor had standing to object to discharge against spouse notwithstanding she had no personal liability on claim. Bankruptcy Court ...
Judge(s): 
Jolly, Wiener, and Clement
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Barron & Newburger, P.C. v. TX Skyline, Ltd. (In the Matter of Woerner)

Citation: 
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In re Woerner), --- F.3d ---, Case No. 13-50075 (5th Cir. Apr. 9, 2015)
Ruling: 
In this “Anti-Snax” decision by the en banc Court of Appeals, the Fifth Circuit OVERTURNED its retrospective attorney’s-fee rule from In re Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir. 1998), adopting in its place the prospective, “reasonable likely to ...
Judge(s): 
Edward C. Prado writing for the en banc court; Grady Jolly specially concurring
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Cohen v. Third Coast Bank, SSB (In the Matter of Cohen)

Citation: 
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling: 
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable reliance under section 523(a)(2)(B)(iv), but, rather, a false representation that does not require such a ...
Judge(s): 
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
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In re 2920 ER, L.L.C.

Citation: 
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling: 
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery, because district court had not yet entered final judgment, and the orders did not ...
Judge(s): 
Prado, Owen, Higginson
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Wellness Wireless, Inc. v. Infopia America, L.L.C.

Citation: 
Fifth Circuit No. 14-20024
Ruling: 
Civil action originally filed in district court was dismissed by the district court due to lack of subject matter jurisdiction because "the bankruptcy court's jurisdiction is implicated pursuant to 28 U.S.C. Sec. 1334." The Fifth Circuit reversed. Under 28 U.S.C. ...
Judge(s): 
Reavley, Jones and Elrod
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Janvey v. The Golf Channel, Inc.

Citation: 
Fifth Circuit; No. 13-11305
Ruling: 
The Golf Channel extended marketing services and advertising to the Stanford International Bank Ponzi scheme and was paid $5.9 million under its agreement with Stanford. Subsequently, the District Court in the Northern District of Texas appointed a receiver over Stanford ...
Judge(s): 
Reavley, Elrod and Southwick
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