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5th Circuit

Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

Citation: 
No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
Ruling: 
Affirmed.
Judge(s): 
HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
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Carroll, Jr. v. Abide

Citation: 
Carroll, Jr. v. Abide, No. 14-31230 (5th Cir. June 11, 2015)
Ruling: 
The Barton doctrine does not apply to claims arising from actions that a bankruptcy trustee takes pursuant to orders from a federal district court (as opposed to orders from a bankruptcy court). The Fifth Circuit vacated the district court's ...
Judge(s): 
Owen, Reavley, Higginson
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Rossco Holdings, Inc. v. McConnell, Esq.

Citation: 
___ F.3d ___; Case No. 14-10900 (5th Cir. June 1, 2015)
Ruling: 
The court of appeals affirmed the decision by the United States District Court for the Northern District of Texas to dismiss causes of action brought by reorganized debtors under Fed. R. Civ. P. 12(b)(1) because the Plaintiff's confirmed Chapter 11 ...
Judge(s): 
Clement, Prado and Elrod
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Husky International Electronics, Inc. v. Ritz, Jr. (In the Matter of Ritz, Jr.)

Citation: 
--- F. 3d ---, No. 14–20526 (5th Cir. May 22, 2015)
Ruling: 
A creditor seeking to except its claim from discharge under Section 523(a)(2)(A)'s "actual fraud" provision must show that the debtor made a false representation to that creditor in connection with the debt owed. Without a false representation, there is ...
Judge(s): 
Stewart, King, Elrod
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O'Dwyer, Jr. v. O'Dwyer (In the Matter of O'Dwyer, Jr.)

Citation: 
Fifth Circuit
Ruling: 
In an unpublished opinion, the Fifth Circuit ruled that an appeal of the Bankruptcy Court's order approving a sale of assets under 11 USC Section 363 was moot. The appellant had not obtained a stay pending appeal and the sale ...
Judge(s): 
Higginbotham, Davis and Southwick
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Villegas; BFG Invest., L.L.C.; BFG Dev., Inc. v. Schmidt

Citation: 
Fifth Circuit Court of Appeals docket number 14-40423
Ruling: 
The Barton doctrine - that before suit may be brought against a trustee leave of the court by which she was appointed must be obtained - continues in effect in the Fifth Circuit notwithstanding Stern and irrespective of whether the ...
Judge(s): 
Before Stewart, Chief Judge, and Southwick and Costa, Circuit Judges.
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Cantu v. Stone (In the Matter of Cantu)

Citation: 
Fifth Circuit No. 14-40762
Ruling: 
The Fifth Circuit ruled that a professional negligence claim that accrued during the pendency of the debtors' Chapter 11 case was property of the Chapter 7 estate when the Chapter 11 case converted to Chapter 7.
Judge(s): 
Benavides, Southwick and Costa
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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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