A creditor disputes last-minute modifications to the terms of a bankruptcy sale. The Court ruled that § 363(m) forecloses the creditor’s appeal because it failed to seek the required stay of the...
Pension-plan plaintiffs poured out. Fifth Circuit affirmed District Court's summary judgment for defendant entities that provided administrative and lending services to a now-bankrupt hedge fund. ...
On the record before the Court, the Court was not left with a "firm and definite conviction" that the Bankruptcy Court erred in its denial of the homestead exemption.
The U.S. Court of Appeals for the Fifth Circuit (Circuit) reversed an order of the district court (DC), which had vacated fees awarded by the bankruptcy court (BC) to the counsel of the debtor (DR)...
Judge(s):
Jennifer W. Elrod; Don R. Willett; and Kurt D. Engelhardt
Affirming the district court’s reversal of the decision of the bankruptcy court (BC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that a debtor (DR) with two...
Judge(s):
Priscilla R. Owen; Jacques L. Wiener Jr.; and James L. Dennis
5th Cir. affirmed District Court (SD Tx.) denial of Rule 60(b)(6) motion to set aside judgment. Appellant did not seek relief under Rule 60(b)(1) for attorney's failure to appear at hearing; Rule...
Two of the appellant's appeals were dismissed for lack of jurisdiction because the lower court had not yet entered a final, appealable order. The remaining appeals were denied, and the district...
The Court of Appeals affirmed the district court's order, which had affirmed the bankruptcy court decision to not award the Plaintiff enhanced statutory damages for timber trespass, because the COA...
A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
