AFFIRM the district court’s judgment affirming the bankruptcy court’s decision granting the Trustee’s motion to approve auction and for authority to sell certain real property of the...
Judge(s):
STEWART, Chief Judge, and DAVIS and ELROD, Circuit Judges
In non-bankruptcy case related to BP Deepwater Horizon oil spill claimants, 5th Circuit reversed and remanded ruling of U.S. District Court (E.D. La.)., ruling that district court applied improper...
The court first consider the choice-of-law issue. The court rejected the Nurseries’ arguments that the district court erred
in determining the law applicable to the parties’ lien dispute. On...
The Court held that Shelton made material misrepresentations when
he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
As the bankruptcy court held, Free’s retention of Turkey Creek Appraisal’s profits after James Winborne’s death was intentional, willful, and malicious. Miller v. J.B. Abrams, Inc. (In re...
Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
Individual debtor was barred by doctrine of judicial estoppel from suing to enforce alleged loan she made to certain individuals based on her failure to disclose the loan in her prior bankruptcy...
In the 5th Circuit, bankruptcy trustees are entitled to qualified immunity for personal harms caused by actions that, while not pursuant to a court order, fall within the scope of their official...
Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
Because the tortious interference claim alleging a direct injury to the company's former CEO is not property of the estate, there is no basis for bankruptcy court jurisdiction.
