CLO HoldCo, Ltd. v. Kirschner (In re Highland Cap. Mgmt. LP)

Citation:
No. 23-10660 (5th Circuit, May 21,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...
Judge(s):
Smith, Haynes, and Douglas
Tag(s):

Adams v. Roman Catholic Church

Citation:
22-30539 (5th Circuit, May 13,2024) Published
Case Status:
Affirmed
Ruling:
Members of the Official Committee of Unsecured Creditors who were removed from the Committee by the bankruptcy court did not have standing to appeal the bankruptcy court's order that removed them...
Judge(s):
King, Jones, and Oldham
Tag(s):

Elec Reliability Council v. Phillips

Citation:
22-20603 (5th Circuit, Apr 29,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
Judge(s):
Higginbotham, Smith, and Higginson
Tag(s):

Avion Funding v. GFS Industries

Citation:
23-50237 (5th Circuit, Apr 17,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Joining the U.S. Court of Appeals for the Fourth Circuit, and diverging from some bankruptcy courts, including the one below, the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that, in...
Judge(s):
Stuart K. Duncan; Stephen A. Higginson; and Patrick Higginbotham
Tag(s):

Charitable DAF Fund v. Highland Cap. Mgmt., L.P. (In re Highland Cap. Mgmt., L.P.)

Citation:
No. 22-11036 (5th Circuit, Apr 04,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court erred in sanctioning a law firm and its client by shifting $239,655 in legal fees. The fee-shifting amounted to a criminal...
Judge(s):
Dennis, Engelhardt, and Oldham
Tag(s):

Triumphant Gold v. Matloff

Citation:
23-10698 (5th Circuit, Mar 20,2024) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Fifth Circuit found that the questions on appeal to the district court (from a bankruptcy court’s order denying a complaint filed under both section 523 and section 727) contained questions...
Judge(s):
Stewart, Clement, Ho
Tag(s):

GMAG v. Janvey

Citation:
22-10429 & 22-10235 (5th Circuit, Mar 20,2024) Published
Case Status:
Affirmed
Ruling:
In this non-bankruptcy opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Northern District of Texas (DC) not to award a...
Judge(s):
Leslie H. Southwick; James L. Dennis; and Carl E. Stewart
Tag(s):

Weinhoffer v. Davie Shoring

Citation:
23-30566 (5th Circuit, Mar 19,2024) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...
Judge(s):
Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez
Tag(s):

Ruff v. Ruff

Citation:
23-40373 (5th Circuit, Mar 01,2024) Not Published
Case Status:
Affirmed
Ruling:
In the latest installment of a long-running family saga, one family member's argument that an order approving a trustee's sale of real estate and preserving the "liens, claims, and encumbrances"...
Judge(s):
Jones, Haynes, Douglas
Tag(s):

Swiss Re v. Fieldwood Energy

Citation:
23-20104 (5th Circuit, Feb 20,2024) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....
Judge(s):
Southwick, Engelhardt, and Wilson
Tag(s):

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