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ROSELLE v BERGER & MONTAGUE, P.C.

Summarizing by Bradley Pearce

Tanguy v. West

Citation:
17-20655 (5th Circuit, Sep 05,2018) Not Published
Case Status:
Affirmed
Ruling:
Failure to address a lower court's opinion that the appeal was moot under section 363(m) constitutes a waiver of that argument unless the appellant presented evidence at the bankruptcy court, and...
Judge(s):
KING, ELROD, and HAYNES
Tag(s):

Martinez v. OGA Charters, L.L.C.

Citation:
17-40920 (5th Circuit, Aug 24,2018) Not Published
Case Status:
Affirmed
Ruling:
The proceeds of a liability insurance policy are estate property when claims against the policy exceed policy limits. In affirming the bankruptcy court's ruling, the Fifth Circuit explained...
Judge(s):
REAVLEY, GRAVES, and COSTA.
Tag(s):

21st Mortgage Corp. v. Glenn

Citation:
No. 17-60533 (5th Circuit, Aug 13,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time...
Judge(s):
Elrod, Costa, Ho
Tag(s):

Pendergraft v. Network of Neighbors, Inc.

Citation:
18-20045 (5th Circuit, Aug 08,2018) Published
Case Status:
Affirmed
Ruling:
The mental culpability to make a debt non-dischargeable under 11 U.S.C. § 523(a)(4) can be established with evidence that the debtor failed to comply with corporate formalities (at least when the...
Judge(s):
DAVIS, COSTA, and ENGELHARDT
Tag(s):

Bennett v. Lindsey

Citation:
No. 17-50746 (5th Circuit, Jul 11,2018) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit found that "even assuming that Bennett properly requested leave to amend, he did not file a proposed amended complaint in accordance with Local Rule 7015 for the Western District...
Judge(s):
DAVIS, HAYNES, and DUNCAN, Circuit Judges.
Tag(s):

Viegelahn v. Lopez

Citation:
17-50297 (5th Circuit, Jul 31,2018) Published
Case Status:
Reversed and Rendered
Ruling:
After voluntary dismissal, Chapters 13 debtors were entitled to the proceeds from the sale of homestead that had lost its exempt status. Proceeds that were acquired post-petition vested in the...
Judge(s):
KING, ELROD, and GRAVES
Tag(s):

Fallon Family, L.P. v. Goodrich Petroleum Corp.

Citation:
No. 17-20278 (5th Circuit, Jun 27,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Judge(s):
Davis, Jones, Higginson
Tag(s):

Furlough v. Cage (In re Technicool Systems, Inc.)

Citation:
17-20603 (5th Circuit, Jun 20,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
Judge(s):
Willett, Smith, Wiener
Tag(s):

Valentine v. JP Morgan Chase Bank Nat'l Assoc.

Citation:
17-40710 (5th Circuit, Jun 14,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the...
Judge(s):
Higginbotham, Jones, and Smith
Tag(s):

Franchise Services of N.A., Inc. v. U.S. Trustee

Citation:
No. 18-60093 (5th Circuit, May 22,2018) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (SD Miss) on direct appeal of order dismissing chapter 11 case based on failure to obtain shareholder consent for bankruptcy. Federal law does not prevent...
Judge(s):
King, Jones, Graves
Tag(s):

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