Mandel v. Mastrogiovanni Schorsch & Mersky, et al.

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

Citation:

NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)

Ruling:

REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy...

Judge(s):

Per Curiam (Stewart, Owen and Costa)

Tag(s):

• 5th Circuit
• Claims
• Venue/Jurisdiction

Garner v. Knoll, Inc. (In re Tusa-Expo Holdings, Inc.)

• Summarized by Craig Geno , Craig M Geno PLLC
• 8 years 11 months ago

Citation:

Fifth Circuit;No. 15-10274

Ruling:

Trustee in preference litigation failed to satisfy the "source" aspect of the El Paso Refining case from the Fifth Circuit and thus did not establish the requirement of Section 547 (b)(5) so that...

Judge(s):

Smith, Wiener and Graves

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure

Krueger v. Torres (In re Krueger)

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 8 years 11 months ago

Citation:

No. 14-11355, fifth Circuit Court of Appeals

Ruling:

Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...

Judge(s):

HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Automatic Stay
• Bankruptcy Litigation
• Commercial Fraud
• Corporate Governance
• Court Administration
• Fraud
• Practice and Procedure
• Small Business

Gold Star Construction, Incorporated v. Cavu/Rock Properties Project I, L.L.C.

• Summarized by Craig Geno , Craig M Geno PLLC
• 9 years 1 week ago

Citation:

Fifth Circuit;No. 15-50455

Ruling:

The doctrines of res judicata and collateral estoppel were not applicable to a party which advocated very different valuations for the same property in different contexts (value for confirmation...

Judge(s):

KIng, Clement and Owen

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• 506

Southwest Securities, FSB v. Segner, Jr.

• Summarized by John Jones , J. R. Jones Law PLLC
• 9 years 1 week ago

Citation:

Case No. 14-41463 (5th Cir. Dec. 29, 2015)

Ruling:

AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the...

Judge(s):

Benavides, Dennis and Costa, Circuit Judges.

Tag(s):

• 5th Circuit
• Administrative Expense Claims
• § 506

Collins v. Sidharthan (In the Matter of KSRP, Ltd.)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 9 years 3 weeks ago

Citation:

--- F.3d ---, Case No. 14-41226 (5th Cir. Dec. 15, 2015)

Ruling:

AFFIRMED district court's "take nothing" judgment, concluding that "related to" jurisdiction existed over suit between non-debtor parties, because the non-debtor defendant's indemnity claim against...

Judge(s):

Haynes, Jolly and Costa

Tag(s):

• 5th Circuit
• Venue/Jurisdiction

Moser, et al. v. Schachar (In the Matter of Thaw)

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 9 years 3 months ago

Citation:

CTA5 No. 15-40321

Ruling:

Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for...

Judge(s):

Before REAVLEY, ELROD and HAYNES, Circuit Judges.

Tag(s):

• 5th Circuit
• Asset Sales
• Claims
• Mortgage
• Bankruptcy Litigation

Smith v. Robbins (In the Matter of IFS Financial Corp)

• Summarized by Peter Ruggero , Ruggero Law Firm PC
• 9 years 3 months ago

Citation:

Case No. 14-20588 (5th Cir. Sep 25, 2015)

Ruling:

Affirmed removal of chapter 7 trustee in all pending cases.

Judge(s):

Higginbotham, Dennis, and Haynes

Tag(s):

• 5th Circuit
• Professional Compensation/Fees

DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc.

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 9 years 4 months ago

Citation:

DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)

Ruling:

Affirmed judgment dismissing lawsuit and imposing $20,000 sanction against plaintiff and its law firm for filing a frivolous lawsuit and threatening to cloud title on property being foreclosed upon...

Judge(s):

Jones, Smith, Southwick

Tag(s):

• 5th Circuit
• Mortgage
• Real Estate

Netsphere Inc. v. Baron

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 9 years 4 months ago

Citation:

No. 13-10119 (5th Cir. Aug. 14, 2015)

Ruling:

A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for...

Judge(s):

Higginbotham, Jolly, Davis

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Professional Compensation/Fees

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