5th Circuit

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The Fifth Circuit, in an unpublished opinion, affirmed the district court’s decision finding veil-piercing claims to be property of the Estate under 11 U.S.C. § 541(a)(1) and properly pursued by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
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Wells Fargo Capital Finance, L.L.C. v. Noble, et al. (In the Matter of R.E. Loans, L.L.C.

Citation: 
In the United States Court of Appeals for the Fifth Circuit, No. 13-10468
Ruling: 
The appeal was dismissed as moot. The Court determined that an intervening factual event (the filing of a third Amended Complaint by the Appellant in a related state court proceeding)caused the Appellant to no longer have a present right to ...
Judge(s): 
Reavley, Prado and Owens
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Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.)

Citation: 
Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.), Case No. 12-60784 (5th Cir. Feb. 3, 2014)
Ruling: 
The Fifth Circuit affirmed the dismissal of an involuntary bankruptcy petition. The petitioning creditor lacked standing to file a petition for involunary relief under 303(b) because its claims against the putative debtor were subject to a bona fide dispute, ...
Judge(s): 
Weiner, Dennis, Owen
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Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

Citation: 
-- F.3d -- (5th Cir. 2014)
Ruling: 
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the contrary or evidence of the borrower’s bad faith in defaulting to avoid a ...
Judge(s): 
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
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