The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

5th Circuit

Buescher v. First United Bank and Trust (In the Matter of Buescher)

Citation: 
Case No. 14-40361 (5th Cir. Apr 13, 2015)
Ruling: 
Affirmed judgment against debtors denying discharge under Section 727(a)(3) for failure of debtors to preserve records as to their financial condition. Creditor had standing to object to discharge against spouse notwithstanding she had no personal liability on claim. Bankruptcy Court ...
Judge(s): 
Jolly, Wiener, and Clement
Read on...

Barron & Newburger, P.C. v. TX Skyline, Ltd. (In the Matter of Woerner)

Citation: 
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In re Woerner), --- F.3d ---, Case No. 13-50075 (5th Cir. Apr. 9, 2015)
Ruling: 
In this “Anti-Snax” decision by the en banc Court of Appeals, the Fifth Circuit OVERTURNED its retrospective attorney’s-fee rule from In re Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir. 1998), adopting in its place the prospective, “reasonable likely to ...
Judge(s): 
Edward C. Prado writing for the en banc court; Grady Jolly specially concurring
Read on...

Cohen v. Third Coast Bank, SSB (In the Matter of Cohen)

Citation: 
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling: 
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable reliance under section 523(a)(2)(B)(iv), but, rather, a false representation that does not require such a ...
Judge(s): 
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
Read on...

In re 2920 ER, L.L.C.

Citation: 
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling: 
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery, because district court had not yet entered final judgment, and the orders did not ...
Judge(s): 
Prado, Owen, Higginson
Read on...

Wellness Wireless, Inc. v. Infopia America, L.L.C.

Citation: 
Fifth Circuit No. 14-20024
Ruling: 
Civil action originally filed in district court was dismissed by the district court due to lack of subject matter jurisdiction because "the bankruptcy court's jurisdiction is implicated pursuant to 28 U.S.C. Sec. 1334." The Fifth Circuit reversed. Under 28 U.S.C. ...
Judge(s): 
Reavley, Jones and Elrod
Read on...

Janvey v. The Golf Channel, Inc.

Citation: 
Fifth Circuit; No. 13-11305
Ruling: 
The Golf Channel extended marketing services and advertising to the Stanford International Bank Ponzi scheme and was paid $5.9 million under its agreement with Stanford. Subsequently, the District Court in the Northern District of Texas appointed a receiver over Stanford ...
Judge(s): 
Reavley, Elrod and Southwick
Read on...

Houston v. Queen

Citation: 
Case: 14-30512
Ruling: 
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was rendered before the district court proceedings began; and (4) requesting review and reversal ...
Judge(s): 
Before SMITH, PRADO, and OWEN, Circuit Judges.
Read on...

Wheeler v. Collier (In the Matter of Wheeler)

Citation: 
Case No. 14-30961 (5th Cir. Mar. 4, 2005)
Ruling: 
Fifth Circuit VACATED district court order insofar as it issued criminal sanctions and enjoined law firm because the minute entry was not sufficient notice that the hearing was being held for purpose of issuing criminal contempt sanctions or injunction. The ...
Judge(s): 
Smith, Prado and Owen, Circuit Judges
Read on...

Baker v. Baker (In the Matter of Baker)

Citation: 
No. 14-10569 (non-precedential)
Ruling: 
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by affirming bankruptcy court's denial of the motion to amend a ...
Judge(s): 
KING, DAVIS, and OWEN (per curiam)
Read on...

Ratliff Ready-Mix, L.P. v. Pledger

Citation: 
Ratliff Ready-Mix, L.P. v. Pledger, No. 14-50023, --- Fed. Appx. ---, 2015 WL 294829 (5th Cir. Jan. 23, 2015)
Ruling: 
The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general contractor to a concrete subcontractor notwithstanding the fact ...
Judge(s): 
Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
Read on...
Syndicate content