Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 6 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...
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 L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)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...
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...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 7 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.
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 7 months ago
Citation:
Fifth Circuit; No.14-10999
Ruling:
Chapter 13 debtor who filed False Claims Act litigation while in the third year of a confirmed five year Chapter 13 plan, was judicially estopped from pursuing those claims because he failed to...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 8 months ago
Citation:
No. 14-30857; Fifth Circuit
Ruling:
The Fifth Circuit ruled that there is a limited exception to the "nonreviewability" provisions of remand orders under 28 USC Sections 1334(c)(1) and 1452(b), where the removed case involves a...
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)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.
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
10 years 8 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...
