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5th Circuit

Monge v. Rojas (In the Matter of Monge)

Citation: 
Monge v. Rojas (In the Matter of Monge), No. 15-50180, (5th Cir. June 14, 2016)
Ruling: 
The district court did not err by overruling unopposed objections to the bankruptcy court's proposed findings of fact and conclusion of law; the district court properly considered the merits of the objections and rejected them.
Judge(s): 
Smith, Barksdale, Costa
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Comu v. King Louie Mining, L.L.C., et al. (In re Comu)

Citation: 
Fifth Circuit No. 15-10804 *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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 47.5.4
Ruling: 
“This Court reviews the district court’s decision by applying the same standard of review to the bankruptcy court’s conclusions of law and findings of fact that the district court applied.” In re Woerner, 783 F.3d 266, 270 (5th Cir. 2015) ...
Judge(s): 
Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges
*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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 47.5.4.
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Pirani v. Baharia (In the Matter of Pirani)

Citation: 
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling: 
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the bank’s rights to collect a $828,000 deficiency from six co-guarantors did ...
Judge(s): 
Higginbotham, Southwick, Higginson (opinion by Higginson)
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Passmore v. Baylor Health Care System

Citation: 
Case No. 15-10358 (May 19, 2016 5th Cir.)
Ruling: 
REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section 74.351's requirement that a plaintiff with a health care liability ...
Judge(s): 
Davis, Barksdale and Dennis, Circuit Judges.
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Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

Citation: 
Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)
Ruling: 
Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for satisfaction of existing debts inapplicable to any consideration received from those identified parties. Because one ...
Judge(s): 
Prado, Owen, and Haynes, Circuit Judges
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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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