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5th Circuit

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...

TMT Procurement Corp v. Vantage Drilling Co. (In the Matter of TMT Procurement Corp)

Citation: 
No. 13-20622 (5th Cir. Sep. 3, 2014)
Ruling: 
Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both pending litigation between two nondebtor entities and several million shares of ...
Judge(s): 
Higginbotham, Davis, and Haynes.
Read on...

Flooring Systems, Inc v. Chow (In the matter of Poston)

Citation: 
Flooring Systems, Inc. v. Michelle Chow No. 13-41050
Ruling: 
Preference period began when bank received a certified copy of a state court receivership order and turned over funds in an account to a creditor as a result of being served with the order. The preference period did not begin ...
Judge(s): 
Davis, Smith and Benavides
Read on...

Tielke v. Bank of America

Citation: 
Case No. 13-20425, unpublished
Ruling: 
District court erred by entering summary judgment for defendant bank on debtors' claims for violations of the Texas Debt Collection Act (TDCA) based on the record presented. After the debtors obtained a discharge under chapter 13, defendant sent a default ...
Judge(s): 
REAVLEY, ELROD, and SOUTHWICK. Per curiam
Read on...

U.S. Bank National Assoc. v. Verizon Comm. Inc.

Citation: 
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling: 
The Fifth Circuit Panel affirmed numerous rulings of the District Court which resulted in a Litigation Trust Trustee losing on all fronts in a substantial federal court lawsuit he had brought against Verizon, two of its subsidiaries and one former ...
Judge(s): 
King, Haynes and Graves
Read on...

R. Galaz v. L. Galaz (In the Matter of L. Galaz)

Citation: 
Case No. 13-50781 c/w 13-50783 (5th Cir. August 25, 2014)
Ruling: 
VACATED and REMANDED by 5th Circuit. Subject matter jurisdiction is reviewed de novo. Held that Debtor's claim was indeed "related to" the bankruptcy case because it could increase the estate but the bankruptcy court did not have the constitutional authority ...
Judge(s): 
Higginbotham, Jones, and Prado, Circuit Judges
Read on...

Graham Mortgage Corp. v. Goff (In the Matter of Goff)

Citation: 
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling: 
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and records, (b) Debtor was not entitled to reconsideration of summary judgment ...
Judge(s): 
Davis, Smith and Clement, Circuit Judges.
Read on...

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.
Read on...

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
Read on...
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