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Jenny Smith v. Haynes & Haynes P.C.

Summarizing by Kathleen DiSanto

SEC, et al v. Stanford International Bank, et a

Citation:
No. 17-10663 (5th Circuit, Jun 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

SEC, et al v. Albert Kaleta

Citation:
18-20579 (5th Circuit, May 15,2019) Not Published
Case Status:
Dismissed
Ruling:
In non-bankruptcy SEC receivership case, 5th Circuit dismissed for lack of jurisdiction movants' appeal of district court's (SD Tex.) denial of their motion for leave to sue SEC receiver and motion...
Judge(s):
Stewart, Graves, Duncan
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

Citation:
15-1420 (10th Circuit, Nov 14,2016) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Tenth Circuit affirmed the bankruptcy court's (D. Colo.) holding that the debtor’s obligation pursuant to a default judgment obtained by creditors in state court...
Judge(s):
Tymkovich (author), Bacharach, Moritz
Tag(s):

Garner v. Pillar Life Settlement Fund I, L.P. (In the Matter of Life Partners, Inc.)

Citation:
16-11436 (5th Circuit, Nov 29,2017) Not Published
Case Status:
Dismissed
Ruling:
The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
Judge(s):
BARKDALE, DENNIS, CLEMENT
Tag(s):

S.E.C. v. Wells Fargo Bank, N.A.

Citation:
16-10942 (11th Circuit, Feb 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...
Judge(s):
Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

Tripodi, Jr. v. Welch, et al.

Citation:
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling:
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
Judge(s):
Kelly, McKay, Phillips (Kelly)
Tag(s):

Securities Invest. Protection Corp. v. 2427 Parent Corp. (In re Bernard L. Madoff Invest. Securities LLC)

Citation:
Nos. 14‐97‐bk(L) (August Term 2014)
Ruling:
The Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. (“SIPA” or “the Act”), does not permit an inflation or interest adjustment to “net equity” claims for customer...
Judge(s):
STRAUB, WESLEY, and LIVINGSTON
Tag(s):

Bavelis v. Doukas (In re Bavelis)

Citation:
Docket No. 14-3067; File name 14a0284p.06
Ruling:
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to...
Judge(s):
Batchelder, Gilman and Gibbons; opinion by Gilman
Tag(s):

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