Home » 5th Circuit

Official Committee v. Hartree

Citation:
22-20321 (5th Circuit, Jul 25,2023) Published
Case Status:
Affirmed
Ruling:
Affirming the U.S. Bankruptcy Court and U.S. District Court for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit deemed the payment of a $3.3 million...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and Kurt D. Engelhardt
Tag(s):

Amberson v. McAllen

Citation:
No. 22-50788 (5th Circuit, Jul 12,2023) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the bankruptcy court and district court's (W.D. Tex) ruling that a "disclaimer" contained in an arbitration award did not inhibit the award's preclusive effect based on...
Judge(s):
Graves, Higginson, and Douglas,
Tag(s):

RDNJ Trowbridge v. Chesapeake

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 1 year 6 months ago
Citation:
21-20323 (5th Circuit, Jun 08,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...
Judge(s):
Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson
Tag(s):

Sarnosky v. Chesapeake

Citation:
No. 21-20323 (5th Circuit, Jun 08,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The 5th Circuit vacated and remanded the bankruptcy and district court judgments with instructions to dismiss. It held that the bankruptcy court lacked jurisdiction to approve post-confirmation...
Judge(s):
Jones, Ho, and Wilson, Circuit Judges.
Tag(s):

Smith v. Terry

Citation:
22-50453 (5th Circuit, Apr 28,2023) Published
Case Status:
Affirmed
Ruling:
The sole member of a Chapter 7 debtor lacks standing to appeal an order that compelled him to give the trustee access to and control of financial and other systems and records used in the debtor's...
Judge(s):
CLEMENT, OLDHAM, and WILSON
Tag(s):

SR Construction v. Hall Palm Springs

  • Summarized by J. Newman , Newman & Newman
  • 1 year 8 months ago
Citation:
No. 21-11244 (5th Circuit, Apr 17,2023) Published
Case Status:
Affirmed
Ruling:
The record facts, framed by the external context and circumstances, make plain that there is no error in the judgments of the able bankruptcy and district courts. The lender did not engage in fraud...
Judge(s):
Before Higginbotham, Southwick, and Higginson, Circuit Judges. Patrick E. Higginbotham, Circuit Judge
Tag(s):

Dale & Klein, L.L.P. v. Owsley (In re Owsley)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 10 months ago
Citation:
No. 22-40283 (5th Circuit, Mar 09,2023) Not Published
Case Status:
Affirmed
Ruling:
After the U.S. Bankruptcy Court for the Southern District of Texas did not approve all fees requested in a law firm's fee application, the district court affirmed most of the fee reductions. On...
Judge(s):
Richman, Haynes, and Graves
Tag(s):

Lowe v. Gammon

Citation:
21-51234 (5th Circuit, Jan 13,2023) Not Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit reinstates a chapter 7 trustee's lawsuit against the Debtor's pre-petition state-court attorney for legal malpractice. The trustee's expert proffered an opinion on duty and breach as...
Judge(s):
Stewart, Willett, Oldham
Tag(s):

Highland Captl v. Highland Captl Mgmt

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 12 months ago
Citation:
22-10189 (5th Circuit, Jan 11,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
Judge(s):
King, Stewart, and Haynes
Tag(s):

Electric Reliability v. Just Energy

Citation:
22-20424 (5th Circuit, Jan 05,2023) Published
Case Status:
Reversed and Remanded
Ruling:
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Judge(s):
Southwick, Graves, and Engelhardt
Tag(s):

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