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5th Circuit

Netsphere Inc. v. Baron

Citation: 
No. 13-10119 (5th Cir. Aug. 14, 2015)
Ruling: 
A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for want of jurisdiction.
Judge(s): 
Higginbotham, Jolly, Davis
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U.S.A. v. Gsdmidea City, L.L.C.

Citation: 
Fifth Circuit; No.14-10999
Ruling: 
Chapter 13 debtor who filed False Claims Act litigation while in the third year of a confirmed five year Chapter 13 plan, was judicially estopped from pursuing those claims because he failed to disclose them to the bankruptcy court. While ...
Judge(s): 
Stewart, King and Elrod
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Petfinders, L.L.C. v. Chapter 11 Trustee Sherman (In The Matter of Ondova Ltd. Co.)

Citation: 
Fifth Circuit Court of Appeals; No. 13-10120
Ruling: 
The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a good-faith purchaser, “whether or not such entity knew of the ...
Judge(s): 
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
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Firefighters' Retirement System v. Citco Group Ltd.

Citation: 
No. 14-30857; Fifth Circuit
Ruling: 
The Fifth Circuit ruled that there is a limited exception to the "nonreviewability" provisions of remand orders under 28 USC Sections 1334(c)(1) and 1452(b), where the removed case involves a question of permissive abstention and is related to a case ...
Judge(s): 
Stewart, Haynes and Brown
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McMillan v. Schmidt, Jr. (In the Matter of McMillan)

Citation: 
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling: 
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is not the proper vehicle to obtain a money ...
Judge(s): 
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
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Riverbend Condominium Assoc. v. Green (In the Matter of Green)

Citation: 
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling: 
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a statutory lien (as distinguished from a security interest) and is therefore ...
Judge(s): 
KING, SMITH, and ELROD, PER CURIAM
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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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