Affirmed judgment against debtors denying discharge under Section 727(a)(3) for failure of debtors to preserve records as to their financial condition. Creditor had standing to object to discharge...
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In re Woerner), --- F.3d ---, Case No. 13-50075 (5th Cir. Apr. 9, 2015)
Ruling:
In this “Anti-Snax” decision by the en banc Court of Appeals, the Fifth Circuit OVERTURNED its retrospective attorney’s-fee rule from In re Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir....
Judge(s):
Edward C. Prado writing for the en banc court; Grady Jolly specially concurring
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 12 months ago
Citation:
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling:
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable...
Judge(s):
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 1 week ago
Citation:
Fifth Circuit No. 14-20024
Ruling:
Civil action originally filed in district court was dismissed by the district court due to lack of subject matter jurisdiction because "the bankruptcy court's jurisdiction is implicated pursuant to...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
11 years 3 weeks ago
Citation:
Case: 14-30512
Ruling:
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 3 weeks ago
Citation:
Fifth Circuit; No. 13-11305
Ruling:
The Golf Channel extended marketing services and advertising to the Stanford International Bank Ponzi scheme and was paid $5.9 million under its agreement with Stanford. Subsequently, the District...
Fifth Circuit VACATED district court order insofar as it issued criminal sanctions and enjoined law firm because the minute entry was not sufficient notice that the hearing was being held for...
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by...
The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general...
Judge(s):
Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
