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Home » 5th Circuit

Sr Secured Noteholders v. DE Trust Co

Citation:
23-20557 (5th Circuit, May 30,2025) Published
Case Status:
Reversed and Remanded
Ruling:
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
Tag(s):

Adair v. Stutsman Constr., L.L.C. (In re Adair)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 9 months 3 weeks ago
Citation:
No. 24-30273 (5th Circuit, May 20,2025) Published
Case Status:
Reversed and Remanded
Ruling:
In a 2-1 decision, the Fifth Circuit held a bankruptcy court erred in refusing to consider a debtor's unclean hands defense to a claim to except a state court judgment debt from discharge under 11...
Judge(s):
Higginbotham, Willett, and Ho
Tag(s):

New York Inn v. Associated Indust

Citation:
24-10338 (5th Circuit, Apr 03,2025) Not Published
Case Status:
Affirmed
Ruling:
In dueling appeals arising from the same case, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the grant by the district court of the motion for summary judgment, based on the...
Judge(s):
Jennifer Walker Elrod; Edith Brown Clement; and Irma Carrillo Ramirez
Tag(s):

Smith v. MedLegal Sols., Inc. (In re Smith)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 11 months 1 week ago
Citation:
No. 24-50494 (5th Circuit, Apr 02,2025) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
Judge(s):
Elrod, Higginbotham, and Ramirez
Tag(s):

Placid Oil v. Avalon Farms

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 11 months 2 weeks ago
Citation:
23-11120 (5th Circuit, Mar 27,2025) Not Published
Case Status:
Affirmed
Ruling:
In a decision that hinged on whether a transfer of part of a lessee's interest in real property was a sublease or an assignment under Louisiana law, the court affirmed the bankruptcy court's...
Judge(s):
Jones, Willett, and Engelhardt, Circuit Judges
Tag(s):

Highland Captl Fund Mgt. Fund Advisors, L.P. v. Highland Captl Mgmt, L.P.

Citation:
23-10534 (5th Circuit, Mar 18,2025) Published
Case Status:
Reversed and Remanded
Ruling:
Finding that the Bankruptcy Court misinterpreted its opinion from a prior appeal, the Fifth Circuit reverses in part the confirmation order and remands to the District Court to rewrite the plan's...
Judge(s):
Elrod, Willett, and Duncan
Tag(s):

Keathley v. Buddy Ayers Construction, Inc.

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 1 year 6 days ago
Citation:
24-60025 (5th Circuit, Mar 03,2025) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the district court’s grant of summary judgment on grounds of judicial estoppel, as well as the denial of Keathley’s motion for reconsideration. The court found no...
Judge(s):
Higginbotham, Stewart, and Haynes
Tag(s):

Okorie v. Lentz

Citation:
24-60377 (5th Circuit, Feb 25,2025) Not Published
Case Status:
Affirmed
Ruling:
With no clear error in the bankruptcy court’s findings, nor abuse of discretion, it was well within the court’s authority to grant the motion for retroactive annulment of the automatic stay,...
Judge(s):
Judge Priscilla Richman; Judge Jerry Willett; and Judge Dana M. Douglas; Per Curiam:
Tag(s):

Excluded Lenders v. Serta

Citation:
23-20181, 23-20450, 23-20363 (5th Circuit, Feb 14,2023) Published
Case Status:
Reversed and Remanded
Ruling:
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
Judge(s):
HAYNES, WILLETT, and OLDHAM, Circuit Judges
Tag(s):

Wyly v. Eichor

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 1 year 2 weeks ago
Citation:
24-20238 (5th Circuit, Feb 26,2025) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the district court’s decision affirming the bankruptcy court’s ruling holding Benson and Pam Wyly in civil contempt for violating Johnnie Eichor’s chapter 7...
Judge(s):
Haynes, Duncan, and Wilson
Tag(s):

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