Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
AFFIRM the judgment as to the merits of Elbar’s claims denying all relief requested and REMAND for the district court to explain the exceptional circumstances or to order prejudgment interest....
The Court DISMISSED the appeal for lack of jurisdiction over the orders denying Stone’s emergency motion to set aside foreclosure sale and the order denying the imposition of stay and AFFIRMED...
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and...
A statement made by an attorney in court is not sufficient for the court to impose sanctions for attorney misconduct unless the court finds, by clear and convincing evidence, that the statement was...
Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
Judge(s):
Before DENNIS, GRAVES and WILLETT, Circuit Judges.
