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Jenny Smith v. Haynes & Haynes P.C.

Summarizing by Kathleen DiSanto

Gloria Penn v. Mary Viegelahn (In re Gloria Penn)

Citation:
18-51055 (5th Circuit, Oct 09,2019) Not Published
Case Status:
Reversed and Rendered
Ruling:
The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
Judge(s):
Clement, Elrod, Duncan (per curiam)
Tag(s):

Dana French v. Linn Energy, L.L.C., et al

Citation:
18-40369 (5th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
Claimant asserted claims for, among other things, "deemed dividends". The Court held that the deemed dividends gave the Claimant benefits normally reserved for equity investors, and, as a result,...
Judge(s):
Clement, Haynes and Willett
Tag(s):

Port of Corpus Christi Auth v. Sherwin Alumina Company L.L.C.

Citation:
18-40557 (5th Circuit, Aug 06,2019) Published
Case Status:
Affirmed
Ruling:
The doctrine of sovereign immunity does not preclude a sale of real property under § 363(f) free and clear of an easement across such property that existed in favor of a political subdivision of...
Judge(s):
Higginbotham, Smith, and Higginson
Tag(s):

Thomas v. Department of Education (In re Thomas)

Citation:
18-11091 (5th Circuit, Jul 30,2019) Not Published
Case Status:
Affirmed
Ruling:
Reaffirming its commitment to the Brunner test to determine the dischargeability of student loans, the Fifth Circuit affirmed the lower courts’ refusal to discharge a chapter 7 debtor’s student...
Judge(s):
Jones, Ho, and Oldham
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

Kenneth Benjamin v. United States of America

Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

Rodney Tow v. Organo Gold Intl, Inc., et al

Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

Citation:
18-10900 (5th Circuit, Jul 05,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Judge(s):
Owen, Southwick, Higginson
Tag(s):

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):

UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

Citation:
18=40443 (5th Circuit, Jun 14,2019) Published
Case Status:
Affirmed
Ruling:
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
Judge(s):
Stewart, Southwick and Engelhardt
Tag(s):

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