Home » 5th Circuit

Ali v. Azhar Chaudhary

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 4 weeks 19 hours ago
Citation:
No. 23-20362 (consolidated with 23-20464, 23-20498, and 23-20507) (5th Circuit, Dec 09,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
Judge(s):
Smith, Clement, Higginson
Tag(s):

Dondero v. Jernigan

Citation:
24-10287 (5th Circuit, Nov 05,2024) Published
Case Status:
Affirmed
Ruling:
The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
Judge(s):
Wiener, Willett, and Duncan, Circuit Judges
Tag(s):

Van Deelen v. Dickson

Citation:
23-20436 (5th Circuit, Aug 20,2024) Published
Case Status:
Reversed and Remanded
Ruling:
When a confirmed Chapter 11 plan includes provisions protecting third parties from certain claims, the bankruptcy court has statutory, core jurisdiction over a complaint against the protected...
Judge(s):
Higginson, Willett, and Oldham, Circuit Judges
Tag(s):

Rechnitz v. Schmidt

Citation:
23-20386 (5th Circuit, Aug 14,2024) Published
Case Status:
Affirmed
Ruling:
In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...
Judge(s):
Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez
Tag(s):

American Warrior, Inc. v. Foundation Energy Fund IV-A, L.P.

Citation:
23-30529 (5th Circuit, Aug 01,2024) Published
Case Status:
Affirmed
Ruling:
In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...
Judge(s):
Jones, Clement, and Wilson
Tag(s):

Crabtree v. Allstate Property

Citation:
23-60537 (5th Circuit, Jul 18,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit certified to the Mississippi Supreme Court the narrow issue of whether the Mississippi champerty statute (Miss. Code Ann. § 97-9-11) voids the assignment of a cause of action...
Judge(s):
Smith, Wiener, and Douglas, Circuit Judges
Tag(s):

Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans (In re: Roman Catholic Church of the Archdiocese of New Orleans)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 5 months 3 weeks ago
Citation:
No. 23-30565 (5th Circuit, Jul 17,2024) Not Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held (a) the Minor Children had Article III standing to appeal from a bankruptcy court's decision denying their motion for a "comfort order" to...
Judge(s):
King, Jones, and Oldham
Tag(s):

Mahadevan v. Northrup

Citation:
No. 23-20512 (5th Circuit, Jul 03,2024) Not Published
Case Status:
Dismissed
Ruling:
Debtor's appeal of a settlement order entered by the bankruptcy court was dismissed due to his appeal being filed 11 months late. Furthermore, his appeal of a denied request for relief under FRCP...
Judge(s):
Catharina Haynes, James E. Graves Jr., Stephen A. Higginson
Tag(s):

SR Construction v. RE Palm Springs

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 6 months 1 week ago
Citation:
23-10603 (5th Circuit, Jul 02,2024) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
Judge(s):
Barksdale, Southwick, and Graves
Tag(s):

Dondero v. Highland Captl Mgmt

Citation:
22-10889 (5th Circuit, Jul 01,2024) Published
Case Status:
Affirmed
Ruling:
In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...
Judge(s):
Southwick, Smith, and Higginson
Tag(s):

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