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5th Circuit

Billings v. Propel Financial Services

Citation: 
14-51326, consolidated with 15-50199, 15-50340, 15-50437 USCA Fifth Circuit
Ruling: 
The transfer of a tax lien does not constitute an extension of “credit” that is subject to the Truth in Lending Act. In addition to TILA, this case concerns the Homeowner Equity and Protection Act (“HOEPA”). See 15 U.S.C. §§ ...
Judge(s): 
BARKSDALE, CLEMENT, and HAYNES, Circuit Judges.
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Bourbon Saloon, Inc. v. Absinthe Bar, L.L.C. (In re Bourbon Saloon, Inc.)

Citation: 
Case No. 15-30361 (5th Cir. 04/28/16) - NOT DESIGNATED FOR PUBLICATION
Ruling: 
An agreed order between Reorganized Debtor and Lessor, which resolved pre-confirmation Debtor's motion to assume the applicable lease and Lessor's opposition thereto, was effective to assume the lease even though the order failed to explicitly address either compensation for Lessor's ...
Judge(s): 
JONES, WIENER, and HIGGINSON, Circuit Judges
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Black v. Shor, et al. (In the Matter of BNP Petroleum Corp., et al)

Citation: 
Fifth Circuit;No. 15-40294
Ruling: 
The Fifth Circuit affirmed the lower courts' rulings in finding that a purchaser of estate assets was a good faith purchaser and entitled to the benefits of 363(m) based upon the Trustee's efforts during the sale process an din evaluating ...
Judge(s): 
Benavides, Dennis and Southwick
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Foster v. Holder (In the Matter of Foster)

Citation: 
Case No. 15-10778; Case No. 10278 - NOT FOR PUBLICATION
Ruling: 
Appeals DISMISSED as frivolous, but no damages awarded. First, the debtor's children (appellants) failed to present transcripts to the District and Fifth Circuit Court of Appeals to demonstrate any errors in the bankruptcy court's findings of fact and conclusions ...
Judge(s): 
Per Curiam (Higginbotham, Elrod, Southwick)
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Schermerhorn, et al. v. Kubbernus, et al. (In the Matter of Skyport Global Communication, Inc.)

Citation: 
Schermerhorn, et. al. v. Kubbernus, et. al. (In re Skyport Global Communication, Inc.), No. 15-20246 (5th Cir. March 14, 2016)
Ruling: 
Bankruptcy Court’s imposition of inherent power sanctions against litigants who commenced state court litigation including derivative claims, which claims were barred by a confirmed plan of reorganization, was not an abuse of discretion. The court's findings that the sanctioned parties ...
Judge(s): 
KING, CLEMENT and OWEN
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Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

Citation: 
No. 14-51079 Fifth Circuit Court of Appeals
Ruling: 
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables or proceeds from the sale of those commodities in trust ...
Judge(s): 
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
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Judgement Factors L.L.C. v. Packer (In the Matter of: Packer)

Citation: 
In Re Athol Packer, Judgement Factors, LLC Appellant v. Athol Packer, Appellee No.15-40826 March 10, 2016
Ruling: 
Fifth Circuit Affirmed District Court which upheld the bankruptcy court granting summary judgment to Packer, holding that he did not act in any way that merited the denial of a discharge under § 727(a) and dismissing alter ego claims. Judgment ...
Judge(s): 
King, Jolly, and Prado for 5th Circuit
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Mandel v. Mastrogiovanni Schorsch & Mersky, et al.

Citation: 
NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)
Ruling: 
REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy court's claim allowance order. While a debtor-out-of-possession will "rarely have ...
Judge(s): 
Per Curiam (Stewart, Owen and Costa)
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Garner v. Knoll, Inc. (In re Tusa-Expo Holdings, Inc.)

Citation: 
Fifth Circuit;No. 15-10274
Ruling: 
Trustee in preference litigation failed to satisfy the "source" aspect of the El Paso Refining case from the Fifth Circuit and thus did not establish the requirement of Section 547 (b)(5) so that the transfers in question were not preferences ...
Judge(s): 
Smith, Wiener and Graves
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Krueger v. Torres (In re Krueger)

Citation: 
No. 14-11355, fifth Circuit Court of Appeals
Ruling: 
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant to 11 U.S.C. § 707(a) as his bad faith constituted “cause” for dismissal.
Judge(s): 
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
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