Home » 5th Circuit

Peake v. Ayobami

Citation:
16-20589 (5th Circuit, Jan 03,2018) Published
Case Status:
Affirmed
Ruling:
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself. NOTE: this is a narrow...
Judge(s):
JOLLY, SMITH, GRAVES
Tag(s):

IN RE: HALER

Citation:
17-40229 (5th Circuit, Dec 29,2017) Not Published
Case Status:
Reversed
Ruling:
Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
Judge(s):
King, Dennis and Costa (per curiam)
Tag(s):

Garner v. Pillar Life Settlement Fund I, L.P. (In the Matter of Life Partners, Inc.)

Citation:
16-11436 (5th Circuit, Nov 29,2017) Not Published
Case Status:
Dismissed
Ruling:
The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
Judge(s):
BARKDALE, DENNIS, CLEMENT
Tag(s):

Law Offices of Michael R. Nevarez v. Monge (In the Matter of Monge)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 2 months ago
Citation:
No. 17-50319 (5th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
Appellees’ opposed motion to dismiss appeal is GRANTED. Appellant’s motion for sanctions is DENIED. Appellant’s motion to supplement the record is DENIED.
Judge(s):
DAVIS, CLEMENT, and COSTA
Tag(s):

Tow v. Bulmahn (In the Matter of ATP Oil & Gas Corp.)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 2 months ago
Citation:
No. 17-30077 (5th Circuit, Oct 27,2017) Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the district court’s judgment that the Trustee failed to state a plausible claim upon which relief can be granted. It also held that the district court did not abuse its...
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

Khan v. Xenon Health, LLC (In the Matter of Xenon Anesthesia of Texas, PLLC)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 2 months ago
Citation:
No. 17-20156 (5th Circuit, Oct 16,2017) Not Published
Case Status:
Affirmed
Ruling:
Khan withdrew his proof of claim and currently has no ownership interest in Xenon Texas. Accordingly, he is not a party in interest and has no standing to object to Xenon Health’s proof of claim.
Judge(s):
KING, ELROD, and HIGGINSON, Circuit Judges
Tag(s):

Hawk v. Engelhart (In the Matter of Hawk)

Citation:
16-20641 (5th Circuit, Sep 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
Judge(s):
Stewart, Wiener, and Prado
Tag(s):

Dorsey v. U.S. Department of Education (In the Matter of Dorsey)

Citation:
16-31085 (5th Circuit, Sep 01,2017) Published
Case Status:
Affirmed
Ruling:
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
Judge(s):
SMITH, OWEN, HIGGINSON
Tag(s):

Hawk v Englehart

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 7 years 5 months ago
Citation:
16-20641 (5th Circuit, Jul 19,2017) Published
Case Status:
Affirmed
Ruling:
Debtors exempted an IRA. After the onjection to exemption deadline expired, they withdrew finds from the IRA. However, they did not "roll over" the withdrawn funds into a replacement IRA, as...
Judge(s):
Stewart, Weiner And Prado
Tag(s):

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