Home » 5th Circuit

Tower Credit, Inc. v. Schott (In the Matter of Jackson)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 7 years 10 months ago
Citation:
No. 16-30274 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
Judge(s):
Davis, Dennis and Southwick. Opinion by Dennis
Tag(s):

Carroll v. Abide (In the Matter of Carroll)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 7 years 10 months ago
Citation:
16-30996 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
Judge(s):
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
Tag(s):

Galaz v. Galaz (In re Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 7 years 10 months ago
Citation:
15-51194 (5th Circuit, Mar 10,2017) Published
Case Status:
Affirmed
Ruling:
The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
Judge(s):
Clement, Smith, Southwick (opinion by Clement)
Tag(s):

Wiggains v. Reed (In the Matter of Wiggains)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 10 months ago
Citation:
No. 15-11249 (5th Circuit, Feb 14,2017) Published
Case Status:
Affirmed
Ruling:
When it became clear that Mr. Wiggains would file bankruptcy to satisfy his outstanding debts, the couple entertained various options and made their best estimate on ultimate financial benefits by...
Judge(s):
JOLLY, BARKSDALE, and SOUTHWICK
Tag(s):

Chu v. State of Texas (In the Matter of Chu)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
No. 15-11001 (5th Circuit, Feb 09,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (N.D Tex.), which affirmed bankruptcy court's entry of summary judgment in favor of creditor on objection to chapter 7 debtor's discharge. State of...
Judge(s):
Jolly, Higginbotham, Graves
Tag(s):

Hometown 2006 - 1 1925 Valley View, L.L.C. v. Prime Income Asset Management, L.L.C.

Citation:
No. 15-10881 (5th Circuit, Feb 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Contractual payments due during the sixty-day notice period prior to the termination of a contract are "assets" under the Texas Uniform Fraudulent Transfer Act's ("TUFTA's") broad definition, and...
Judge(s):
Higginbotham, Dennis, and Clement
Tag(s):

Bandi v. Becnel (In the Matter of Bandi

  • Summarized by J. Newman , Newman & Newman
  • 7 years 11 months ago
Citation:
No. 16-30633 (5th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Fifth Circuit AFFIRMED the decision of the district court. "To the extent that the Bandis have now shifted the focus of their argument to a due process challenge...
Judge(s):
REAVLEY, OWEN, and ELROD
Tag(s):

Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 8 years 1 week ago
Citation:
14-51079 (5th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

This is a follow up opinion in response to the Appellees request for a rehearing. It reiterates the prior holding and also rules that estoppel and waiver do not apply here.

Judge(s):
REAVELEY, PRADO and COSTA
Tag(s):

Netsch v. Sherman (In the Matter of Prism Graphics, Inc.)

  • Summarized by J. Newman , Newman & Newman
  • 8 years 1 week ago
Citation:
No. 16-10432 (5th Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

Held that the district court did not abuse its discretion in affirming the bankruptcy court’s denial of the motion to extend time. 

Judge(s):
HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges for the 5th Circuit
Tag(s):

WBCMT 2007 C33 Office 9720, L.L.C.

  • Summarized by J. Newman , Newman & Newman
  • 8 years 5 days ago
Citation:
No. 15-20086 (5th Circuit, Dec 22,2016) Published
Case Status:
Reversed and Rendered
Ruling:

NNN Realty’s interpretation of “Borrower” as limited to all borrowing entities collectively creates various absurdities throughout the Guaranty—so much so that the interpretation...

Judge(s):
JONES, DENNIS, and PRADO
Tag(s):

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