Home » 5th Circuit

U.S. Bank National Assoc. v. Verizon Comm. Inc.

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 10 years 4 months ago
Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
The Fifth Circuit Panel affirmed numerous rulings of the District Court which resulted in a Litigation Trust Trustee losing on all fronts in a substantial federal court lawsuit he had brought...
Judge(s):
King, Haynes and Graves
Tag(s):

R. Galaz v. L. Galaz (In the Matter of L. Galaz)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 10 years 4 months ago
Citation:
Case No. 13-50781 c/w 13-50783 (5th Cir. August 25, 2014)
Ruling:
VACATED and REMANDED by 5th Circuit. Subject matter jurisdiction is reviewed de novo. Held that Debtor's claim was indeed "related to" the bankruptcy case because it could increase the estate but...
Judge(s):
Higginbotham, Jones, and Prado, Circuit Judges
Tag(s):

Graham Mortgage Corp. v. Goff (In the Matter of Goff)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 4 months ago
Citation:
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling:
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and...
Judge(s):
Davis, Smith and Clement, Circuit Judges.
Tag(s):

Viegelahn v. Harris, III (In the Matter of Harris, III)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 10 years 6 months ago
Citation:
Case No. 13-50374 (5th Cir. July 7, 2014)
Ruling:
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...
Judge(s):
Benavides, Clement and Graves, Circuit Judges.
Tag(s):

Spicer v. Navistar Defense (In re Westbrook)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 10 years 8 months ago
Citation:
United States ex rel. Spicer v. Navistar Defense, LLC (In re Westbrook), Case No. 12-10858 (5th Cir. May 5, 2014).
Ruling:
Chapter 7 Trustee of whistleblower / debtor’s estate had exclusive standing to prosecute a qui tam False Claims Act against manufacturer of military vehicles when debtor failed to disclose the...
Judge(s):
Jerry Edwin Smith, Edward C. Prado and Jennifer Walker Elrod.
Tag(s):

Connery v. Norsworthy

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 10 years 8 months ago
Citation:
Pamela J. Connery/Hazelwood d/b/a Real Estate Innovations, Inc. et al. vs. Norsworthy; in the United States Court of Appeals for the Fifth Circuit
Ruling:
Objections to lack of subject matter jurisdiction abandoned. And, the District Court had authority to reinstate a civil action after the debtor received a bankruptcy discharge [under 11 USC...
Judge(s):
Davis, Southwick and Higginson
Tag(s):

Kim v. Dome Entertainment Ctr, Inc.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 9 months ago
Citation:
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling:
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor...
Judge(s):
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
Tag(s):

Collins v. Ebert, et al (In re: Maranatha Construction Co.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 9 months ago
Citation:
Collins v. Ebert, et al (In re: Maranatha Construction Co.), No. 13-11027 (5th Cir. April 2014).
Ruling:
The Fifth Circuit, in an unpublished opinion, affirmed the district court’s decision finding veil-piercing claims to be property of the Estate under 11 U.S.C. § 541(a)(1) and properly pursued by...
Judge(s):
Jerry E. Smith; Fortunato P. Benavides; and Edith Brown Clement
Tag(s):

Goaz v. Rolex Watch U.S.A. Inc. (In the Matter of Goaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 9 months ago
Citation:
Cas No. 13-10282 (5th Cir. Mar. 19, 2014)
Ruling:
"Knowingly selling merchandise bearing counterfeit trademarks necessarily causes injury to the trademark." Fifth Circuit affirmed district court's ruling, thereby affirming the bankruptcy court's...
Judge(s):
Wiener, Owen and Haynes (per curiam)
Tag(s):

Viegelahn v. Frost (In the Matter of Frost)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 10 years 10 months ago
Citation:
Case No. 12-50811 (5th Cir. March 5, 2014)
Ruling:
AFFIRMED district court's rejection of debtor's argument that 11 U.S.C. 522 (c) & (l) and "snapshot rule" permanently exempted homestead and its proceeds from post-certification sale of exempted...
Judge(s):
Stewart, Chief Judge, and DeMoss and Clement, Circuit Judges.
Tag(s):

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