Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 1 day ago
Citation:
Fifth Circuit;No. 15-40294
Ruling:
The Fifth Circuit affirmed the lower courts' rulings in finding that a purchaser of estate assets was a good faith purchaser and entitled to the benefits of 363(m) based upon the Trustee's efforts...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
10 years 3 weeks ago
Citation:
Schermerhorn, et. al. v. Kubbernus, et. al. (In re Skyport Global Communication, Inc.), No. 15-20246 (5th Cir. March 14, 2016)
Ruling:
Bankruptcy Court’s imposition of inherent power sanctions against litigants who commenced state court litigation including derivative claims, which claims were barred by a confirmed plan of...
In Re Athol Packer, Judgement Factors, LLC Appellant v. Athol Packer, Appellee No.15-40826 March 10, 2016
Ruling:
Fifth Circuit Affirmed District Court which upheld the bankruptcy court granting summary judgment to Packer, holding that he did not act in any way that merited the denial of a discharge under §...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 3 weeks ago
Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 2 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...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 2 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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 3 months 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...
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...
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...
