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Home » 5th Circuit

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Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...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 , Law Offices of Craig M Geno, PLLC
  • 8 years 10 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 However, they did not "roll over" the withdrawn funds into a replacement IRA, as...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):

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

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 10 months ago
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)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 8 years 10 months ago
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)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 8 years 11 months ago
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)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 weeks ago
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)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 1 month ago
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):

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