Rosbottom, Jr. v. Schiff (In the Matter of Rosbottom, Jr.)

Citation:
16-31108 (5th Circuit, Jul 17,2017) Not Published
Case Status:
Reversed and Rendered
Ruling:
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Judge(s):
King, Prado, Southwick (Per Curiam)
Tag(s):

Cowin v. Countrywide Home Loans, Inc. (In the Matter of Cowin)

Citation:
15-20600, 16-20100 (consolidated) (5th Circuit, Jul 18,2017) Published
Case Status:
Affirmed
Ruling:
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
Judge(s):
WIENER, CLEMENT, HIGGINSON
Tag(s):

Crop Production Services, Inc. v. Kelley (In the Matter of Grabanski)

Citation:
16-40830 (5th Circuit, Jun 20,2017) Not Published
Case Status:
Affirmed
Ruling:
Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
Judge(s):
Barksdale, Graves and Higginson (per curiam)
Tag(s):

Novoa v. Minjarez (In the Matter of Novoa)

Citation:
No. 16-50955 (5th Circuit, Jun 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
Judge(s):
REAVLEY, HAYNES, and COSTA (per curiam)
Tag(s):

Selenberg v. Bates (In re Selenberg)

Citation:
16-30649 (5th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Judge(s):
Prado, Higginson, Costa
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

Armendariz v. Chowaiki

Citation:
16-50905 (5th Circuit, Mar 30,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
"With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
Judge(s):
Stewart, Jolly, Jones (per curiam)
Tag(s):

Kipp Flores Architects, L.L.C. v. Mid-Continent Casualty Co.

Citation:
16-20255 (5th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Judge(s):
JONES, BARKSDALE, and COSTA
Tag(s):

U.S.A. v. Lagos

Citation:
16-20146 (5th Circuit, Mar 17,2017) Not Published
Case Status:
Affirmed
Ruling:
Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
Judge(s):
PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
Tag(s):

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