5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the...
Fifth Circuit affirmed bankruptcy court (SD Miss) on direct appeal of order dismissing chapter 11 case based on failure to obtain shareholder consent for bankruptcy. Federal law does not prevent...
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...
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...
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
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...
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...
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...
