Home » 5th Circuit

Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 2 months ago
Citation:
--- F.3d ---, Case No. 13-41153 (5th Cir. Nov. 3, 2014)
Ruling:
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
Tag(s):

Thaw v. Moser (In the Matter of Thaw)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 10 years 3 months ago
Citation:
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling:
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the...
Judge(s):
King, Graves, and Higginson, Circuit Judges
Tag(s):

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 10 years 3 months ago
Citation:
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling:
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and...
Judge(s):
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Tag(s):

Janvey v. Brown et al.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 4 months ago
Citation:
--- F.3d --- (5th Cir. 2014) [No. 13-10266 c/w 13-10272 c/w 13-10276 c/w 13-10279]
Ruling:
Fifth Circuit AFFIRMED partial summary judgment in favor of the Stanford receiver on TUFTA claims against “net winner” investors. Most notably, the Fifth Circuit agreed that only the false...
Judge(s):
HIGGINBOTHAM, CLEMENT, and HIGGINSON. Opinion by HIGGINBOTHAM.
Tag(s):

TMT Procurement Corp v. Vantage Drilling Co. (In the Matter of TMT Procurement Corp)

Citation:
No. 13-20622 (5th Cir. Sep. 3, 2014)
Ruling:
Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both...
Judge(s):
Higginbotham, Davis, and Haynes.
Tag(s):

Flooring Systems, Inc v. Chow (In the matter of Poston)

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 10 years 4 months ago
Citation:
Flooring Systems, Inc. v. Michelle Chow No. 13-41050
Ruling:
Preference period began when bank received a certified copy of a state court receivership order and turned over funds in an account to a creditor as a result of being served with the order. The...
Judge(s):
Davis, Smith and Benavides
Tag(s):

Highway 82/Fannin Joint Venture v. Capital One Bank (In the Matter of: Highway 82)

Citation:
Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
Ruling:
Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital...
Judge(s):
Stewart, Owen, Morgan
Tag(s):

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