Morash v. Valley Ridge Roofing and Construction, L.L.C. (In re Silver State Holdings, Assignee 7901 Boulevard 26, L.L.C.)

Citation:
21-10212 (5th Circuit, Aug 30,2022) Not Published
Case Status:
Affirmed
Ruling:
In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
Judge(s):
Costa, Haynes, Jones
Tag(s):

Mattlage-Thurmond v. First National Bank of McGregor

Citation:
22-50032 (5th Circuit, Aug 18,2022) Not Published
Case Status:
Affirmed
Ruling:
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
Judge(s):
Stewart, Elrod, and Graves
Tag(s):

NexPoint v. Highland Capital Management

Citation:
21-10449 (5th Circuit, Aug 19,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
Judge(s):
Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
Tag(s):

In re GenOn Mid-Atlantic Development, L.L.C.

Citation:
21-20557 (5th Circuit, Jul 29,2022) Published
Case Status:
Affirmed
Ruling:
Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
Judge(s):
Smith, Wiener, and Southwick
Tag(s):

In re Little River Healthcare Holdings, LLC

Citation:
21-50616 (5th Circuit, May 18,2022) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Applying the plain meaning to the court-approved contingency fee agreement, the Court REVERSED, in part, concluding that certain categories of "damages" awarded by an Arbitrator should have been...
Judge(s):
King, Jones, and Duncan
Tag(s):

Edwards Family Partnership, et al v. Johnson

Citation:
20-61011 (5th Circuit, Apr 27,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...
Judge(s):
Stephen A. Higginson; James L. Dennis; and Gregg J. Costa
Tag(s):

NCC Financial v. Investar Bank

Citation:
21-30291 (5th Circuit, Apr 14,2022) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, like the United States District Court for the Middle District of Louisiana (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S....
Judge(s):
Edith H. Jones; Stephen A. Higginson; and Kyle S. Duncan
Tag(s):

Talarico v. Ultra Petroleum

Citation:
21-20049 (5th Circuit, Apr 01,2022) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the District Court's dismissal of a challenge, asserted by a former shareholder of the Debtor, to the bankruptcy court's Chapter 11 confirmation order, finding in part that: "if the...
Judge(s):
Higginson, Willett, and Ho.
Tag(s):

FERC v. Ultra Resources

Citation:
20-20623 c/w 21-20126 (5th Circuit, Mar 14,2022) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Code does not require the debtor, an energy company whose primary business is the production of natural gas, to obtain FERC's approval of its chapter 11 plan or its decision to...
Judge(s):
King, Graves, Ho
Tag(s):

Kreit v. Quinn

Citation:
21-20067 (5th Circuit, Feb 11,2022) Published
Case Status:
Affirmed
Ruling:
The U.S Court of Appeals for the Fifth Circuit: (1) affirmed financial sanctions ordered by the bankruptcy court and ratified by the district court on doctors who asserted causes of action placed...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and James C. Ho
Tag(s):

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