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Rodriguez v. FDIC (In re United Western Bancorp, Inc.)

Summarizing by Bradley Pearce

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):

Deeprock Venture Partners, L.P. v. Beach

Citation:
17-10481 (5th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court's granting of a Rule 9019 settlement was affirmed by the Fifth Circuit. The opinion discusses, in detail, the standards for approving settlement and compromises in the Fifth...
Judge(s):
Stewart, Haynes and Willett
Tag(s):

OHA Investment Corp. v. Schlumberger Technology Corp.

Citation:
No. 17-20224 (5th Circuit, Apr 17,2018) Published
Case Status:
Affirmed
Ruling:
Safe-harbor provision of Louisiana Oil Well Lien Act (LOWLA) allowed sale of lessee's overriding royalty interest (ORRI) free and clear of service providers' liens. LOWLA both created liens in...
Judge(s):
Reavley, Smith, Owen
Tag(s):

UTSA Apartments, L.L.C. v. UTSA Apartments 8, L.L.C.

Citation:
No. 17-50893 (5th Circuit, Mar 27,2018) Published
Case Status:
Reversed and Remanded
Ruling:
REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...
Judge(s):
HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges
Tag(s):

Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C (In the Matter of Houston Regional Sports Network, L.P.)

Citation:
15-20497 (5th Circuit, Mar 29,2018) Published
Case Status:
Reversed and Remanded
Ruling:
For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
Judge(s):
Owen, Wiener, and Prado
Tag(s):

Lowe v. Deberry, et al.

Citation:
17-50315 (5th Circuit, Mar 07,2018) Published
Case Status:
Reversed
Ruling:
The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...
Judge(s):
HIGGINBOTHAM, SOUTHWICK, COSTA
Tag(s):

Mandel v. Thrasher

Citation:
17-40059 (5th Circuit, Feb 15,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court fulfilled its obligations under the Fifth Circuit's remand. The bankruptcy court adequately explained how it arrived at the damages awarded against the debtor-appellant, and...
Judge(s):
LING, JONES, ELROD
Tag(s):

IN RE: JFK CAPITAL HOLDINGS, L.L.C

Citation:
16-31151 (5th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Judge(s):
Reavley, Southwick and Haynes
Tag(s):

Wright v. Kite Bros., L.L.C.

Citation:
No. 17-30450 (5th Circuit, Jan 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The judgment of the district court is AFFIRMED and Appellees’ Motion for Sanctions is GRANTED IN PART.
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

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