Deeprock Venture Partners, L.P. v. Beach

• Summarized by Craig Geno , Craig M Geno PLLC
• 6 years 7 months ago

Citation:

17-10481 (5th Circuit, May 16,2018) Published

Case Status:

Affirmed

Ruling:

Bankruptcy Court's granting of a Rule 9019 settlement was affirmed by the Fifth Circuit. The opinion discusses, in detail, the standards for approving settlement and compromises in the Fifth...

Judge(s):

Stewart, Haynes and Willett

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Discharge/Dischargeability
• Commercial Fraud
• Rule 9019
• 11 U.S.C § 548;.727

OHA Investment Corp. v. Schlumberger Technology Corp.

• Summarized by Lars Fuller , BakerHostetler
• 6 years 8 months ago

Citation:

No. 17-20224 (5th Circuit, Apr 17,2018) Published

Case Status:

Affirmed

Ruling:

Safe-harbor provision of Louisiana Oil Well Lien Act (LOWLA) allowed sale of lessee's overriding royalty interest (ORRI) free and clear of service providers' liens. LOWLA both created liens in...

Judge(s):

Reavley, Smith, Owen

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure

UTSA Apartments, L.L.C. v. UTSA Apartments 8, L.L.C.

• Summarized by J. Newman , Newman & Newman
• 6 years 9 months ago

Citation:

No. 17-50893 (5th Circuit, Mar 27,2018) Published

Case Status:

Reversed and Remanded

Ruling:

REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...

Judge(s):

HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Claims
• Corporate Governance
• 11 U.S.C. 363

Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C (In the Matter of Houston Regional Sports Network, L.P.)

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 6 years 9 months ago

Citation:

15-20497 (5th Circuit, Mar 29,2018) Published

Case Status:

Reversed and Remanded

Ruling:

For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...

Judge(s):

Owen, Wiener, and Prado

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. 506(b); 11 U.S.C § 1111(b); 11 U.S.C. § 1129(b)

Lowe v. Deberry, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 6 years 10 months ago

Citation:

17-50315 (5th Circuit, Mar 07,2018) Published

Case Status:

Reversed

Ruling:

The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...

Judge(s):

HIGGINBOTHAM, SOUTHWICK, COSTA

Tag(s):

• 5th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy

Mandel v. Thrasher

• Summarized by Bradley Pearce , Pearce Law PLLC
• 6 years 10 months ago

Citation:

17-40059 (5th Circuit, Feb 15,2018) Published

Case Status:

Affirmed

Ruling:

The bankruptcy court fulfilled its obligations under the Fifth Circuit's remand. The bankruptcy court adequately explained how it arrived at the damages awarded against the debtor-appellant, and...

Judge(s):

LING, JONES, ELROD

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability

IN RE: JFK CAPITAL HOLDINGS, L.L.C

• Summarized by Aaron Kaufman , Gray Reed LLP
• 6 years 11 months ago

Citation:

16-31151 (5th Circuit, Jan 26,2018) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...

Judge(s):

Reavley, Southwick and Haynes

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Rule 2016
• 326
• 330

Wright v. Kite Bros., L.L.C.

• Summarized by J. Newman , Newman & Newman
• 6 years 12 months ago

Citation:

No. 17-30450 (5th Circuit, Jan 12,2018) Not Published

Case Status:

Affirmed

Ruling:

The judgment of the district court is AFFIRMED and Appellees’ Motion for Sanctions is GRANTED IN PART.

Judge(s):

REAVLEY, PRADO, and GRAVES, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• Rule 8002(a)(1)
• Fed. R. Bankr. P. 8020(a) and 9011
• 28 U.S.C. § 158
• 28 U.S.C. § 1927

U.S. Energy Development Corp. v. CL III Funding Holding Co., L.L.C. In the Matter of WBH Energy, L.P.)

• Summarized by Craig Geno , Craig M Geno PLLC
• 7 years 4 hours ago

Citation:

17-50217 (5th Circuit, Jan 10,2018) Not Published

Case Status:

Affirmed

Ruling:

Lower Court's affirmed. Appellant is not entitled to attorneys' fees because it was not a "prevailing party" as required under the applicable documents.

Judge(s):

Higginbotham, Jones and Graves

Tag(s):

• 5th Circuit
• Professional Compensation/Fees

U.S.A. v. Sertich, Jr.

• Summarized by Craig Geno , Craig M Geno PLLC
• 7 years 1 day ago

Citation:

16-51210 (5th Circuit, Jan 08,2018) Published

Case Status:

Affirmed

Ruling:

Conviction affirmed.

Judge(s):

Higginbotham, Prado and Higginson

Tag(s):

• 5th Circuit
• Professional Practice Areas

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