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Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 11 months ago
Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

Kenneth Benjamin v. United States of America

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 12 months ago
Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

Rodney Tow v. Organo Gold Intl, Inc., et al

  • Summarized by J. Newman , J. Walter Newman IV, PLLC
  • 7 years 6 days ago
Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

Citation:
18-10900 (5th Circuit, Jul 05,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Judge(s):
Owen, Southwick, Higginson
Tag(s):

SEC, et al v. Stanford International Bank, et a

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 7 years 1 month ago
Citation:
No. 17-10663 (5th Circuit, Jun 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Tag(s):

UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

  • Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
  • 7 years 1 month ago
Citation:
18=40443 (5th Circuit, Jun 14,2019) Published
Case Status:
Affirmed
Ruling:
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
Judge(s):
Stewart, Southwick and Engelhardt
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

  • Summarized by J. Newman , J. Walter Newman IV, PLLC
  • 7 years 1 month ago
Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

Ralph Janvey v. GMAG, L.L.C.

Citation:
No. 17-11526, 2019 WL 2240565 (5th Circuit, May 24,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit certified question to Texas Supreme Court: whether UFTA good faith requires a transferee on inquiry notice to conduct an investigation or show such an investigation would have been...
Judge(s):
Stewart, Dennis, Willett
Tag(s):

Harold Rosbottom, Jr. v. Gerald Schiff, et al

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 7 years 2 months ago
Citation:
18-30888 (5th Circuit, May 20,2019) Not Published
Case Status:
Affirmed
Ruling:
Affirmed entry of final decree in individual chapter 11 case, over the objection of an incarcerated pro se debtor. Debtor appealed, claiming his due process rights had been violated because he was...
Judge(s):
Per Curiam (Haynes, Graves and Ho)
Tag(s):

Houston Bluebonnet, L.L.C. v. JPMorgan Chase Bank

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 2 months ago
Citation:
18-20462 (5th Circuit, May 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit reversed and remanded ruling of district court (SD Tex.), which affirmed ruling of bankruptcy court determining that creditors satisfied Fifth Circuit's "informal proof of claim"...
Judge(s):
Jolly, Costa, Engelhardt
Tag(s):

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