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5th Circuit

Viegelahn v. Harris, III (In the Matter of Harris, III)

Citation: 
Case No. 13-50374 (5th Cir. July 7, 2014)
Ruling: 
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district court. Acknowledging the split in the courts ...
Judge(s): 
Benavides, Clement and Graves, Circuit Judges.
Read on...

Spicer v. Navistar Defense (In re Westbrook)

Citation: 
United States ex rel. Spicer v. Navistar Defense, LLC (In re Westbrook), Case No. 12-10858 (5th Cir. May 5, 2014).
Ruling: 
Chapter 7 Trustee of whistleblower / debtor’s estate had exclusive standing to prosecute a qui tam False Claims Act against manufacturer of military vehicles when debtor failed to disclose the claims in its bankruptcy proceedings. The Trustee’s amended complaint, ...
Judge(s): 
Jerry Edwin Smith, Edward C. Prado and Jennifer Walker Elrod.
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Connery v. Norsworthy

Citation: 
Pamela J. Connery/Hazelwood d/b/a Real Estate Innovations, Inc. et al. vs. Norsworthy; in the United States Court of Appeals for the Fifth Circuit
Ruling: 
Objections to lack of subject matter jurisdiction abandoned. And, the District Court had authority to reinstate a civil action after the debtor received a bankruptcy discharge [under 11 USC Section 362 (c)(2)]and to dismiss the claims asserted against Norsworthy.
Judge(s): 
Davis, Southwick and Higginson
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Kim v. Dome Entertainment Ctr, Inc.

Citation: 
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling: 
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor spouse. The Fifth Circuit relied on a 1983 Supreme Court case where ...
Judge(s): 
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
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Collins v. Ebert, et al (In re: Maranatha Construction Co.)

Citation: 
Collins v. Ebert, et al (In re: Maranatha Construction Co.), No. 13-11027 (5th Cir. April 2014).
Ruling: 
The Fifth Circuit, in an unpublished opinion, affirmed the district court’s decision finding veil-piercing claims to be property of the Estate under 11 U.S.C. § 541(a)(1) and properly pursued by the bankruptcy trustee where the appellant creditors alleged only the ...
Judge(s): 
Jerry E. Smith; Fortunato P. Benavides; and Edith Brown Clement
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Goaz v. Rolex Watch U.S.A. Inc. (In the Matter of Goaz)

Citation: 
Cas No. 13-10282 (5th Cir. Mar. 19, 2014)
Ruling: 
"Knowingly selling merchandise bearing counterfeit trademarks necessarily causes injury to the trademark." Fifth Circuit affirmed district court's ruling, thereby affirming the bankruptcy court's summary judgment of non-dischargeability under 11 U.S.C. 523(a)(6). Fifth Circuit rejected the debtor's challenge to the ...
Judge(s): 
Wiener, Owen and Haynes (per curiam)
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Viegelahn v. Frost (In the Matter of Frost)

Citation: 
Case No. 12-50811 (5th Cir. March 5, 2014)
Ruling: 
AFFIRMED district court's rejection of debtor's argument that 11 U.S.C. 522 (c) & (l) and "snapshot rule" permanently exempted homestead and its proceeds from post-certification sale of exempted homestead. Relying on the holding of In re Zibman, 268 F.3d 298, ...
Judge(s): 
Stewart, Chief Judge, and DeMoss and Clement, Circuit Judges.
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BP RE, L.P. v. RML Waxachie Dodge, L.L.C.

Citation: 
No. 12-51270, Consolidated with No. 12-51279
Ruling: 
In the en banc poll, 6 judges voted in favor of rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Graves, and Higginson, and 8 judges voted against rehearing (Judges Jones, Smith, Clement, Prado, Owen, Elrod, Southwick, and Haynes).
Judge(s): 
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
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Merchants & Farmers Bank v. Coxwell (In the Matter of Fish & Fisher, Inc.)

Citation: 
Case No. 13-60368 (5th Cir. February 7, 2014)
Ruling: 
Affirmed dismissal under Fed. R. Civ. P. 12(b)(6) and affirmed denial of motion to amend complaint.
Judge(s): 
Smith, DeMoss, and Higginson, Per Curiam
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Shankle v. Shankle (In the Matter of Shankle)

Citation: 
Case No. 13-60251 (5th Cir. Feb 7, 2014) (per curiam)
Ruling: 
Affirmed judgment of non-dischargeability based on debtor’s failure to tender marital assets in contravention of a 1999 divorce decree, concluding that debtor’s actions “constituted an objective substantial certainty of harm to [the plaintiff] and, as a result, a willful and ...
Judge(s): 
SMITH, DeMOSS, and HIGGINSON
Read on...
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