Home » 5th Circuit

Petfinders, L.L.C. v. Chapter 11 Trustee Sherman (In The Matter of Ondova Ltd. Co.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 9 years 5 months ago
Citation:
Fifth Circuit Court of Appeals; No. 13-10120
Ruling:
The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a...
Judge(s):
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
Tag(s):

McMillan v. Schmidt, Jr. (In the Matter of McMillan)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 5 months ago
Citation:
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling:
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is...
Judge(s):
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
Tag(s):

Riverbend Condominium Assoc. v. Green (In the Matter of Green)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 9 years 6 months ago
Citation:
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling:
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a...
Judge(s):
KING, SMITH, and ELROD, PER CURIAM
Tag(s):

Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 9 years 6 months ago
Citation:
No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
Ruling:
Affirmed.
Judge(s):
HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
Tag(s):

Carroll, Jr. v. Abide

Citation:
Carroll, Jr. v. Abide, No. 14-31230 (5th Cir. June 11, 2015)
Ruling:
The Barton doctrine does not apply to claims arising from actions that a bankruptcy trustee takes pursuant to orders from a federal district court (as opposed to orders from a bankruptcy court). ...
Judge(s):
Owen, Reavley, Higginson
Tag(s):

Rossco Holdings, Inc. v. McConnell, Esq.

  • Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
  • 9 years 7 months ago
Citation:
___ F.3d ___; Case No. 14-10900 (5th Cir. June 1, 2015)
Ruling:
The court of appeals affirmed the decision by the United States District Court for the Northern District of Texas to dismiss causes of action brought by reorganized debtors under Fed. R. Civ. P....
Judge(s):
Clement, Prado and Elrod
Tag(s):

Villegas; BFG Invest., L.L.C.; BFG Dev., Inc. v. Schmidt

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 9 years 7 months ago
Citation:
Fifth Circuit Court of Appeals docket number 14-40423
Ruling:
The Barton doctrine - that before suit may be brought against a trustee leave of the court by which she was appointed must be obtained - continues in effect in the Fifth Circuit notwithstanding...
Judge(s):
Before Stewart, Chief Judge, and Southwick and Costa, Circuit Judges.
Tag(s):

Husky International Electronics, Inc. v. Ritz, Jr. (In the Matter of Ritz, Jr.)

Citation:
--- F. 3d ---, No. 14–20526 (5th Cir. May 22, 2015)
Ruling:
A creditor seeking to except its claim from discharge under Section 523(a)(2)(A)'s "actual fraud" provision must show that the debtor made a false representation to that creditor in connection with...
Judge(s):
Stewart, King, Elrod
Tag(s):

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