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.
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
12 years 2 days 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The Fifth Circuit, in an unpublished opinion, affirmed the district court’s decision finding veil-piercing claims to be property of the Estate under 11 U.S.C. § 541(a)(1) and properly pursued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
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.
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
12 years 1 month ago
Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
In the en banc poll, 6 judges voted in favor of rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Graves, and Higginson, and 8 judges voted against rehearing (Judges Jones, Smith,...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
Case No. 13-60251 (5th Cir. Feb 7, 2014) (per curiam)
Ruling:
Affirmed judgment of non-dischargeability based on debtor’s failure to tender marital assets in contravention of a 1999 divorce decree, concluding that debtor’s actions “constituted an...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 1 month ago
Citation:
In the United States Court of Appeals for the Fifth Circuit, No. 13-10468
Ruling:
The appeal was dismissed as moot. The Court determined that an intervening factual event (the filing of a third Amended Complaint by the Appellant in a related state court proceeding)caused the...
Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.), Case No. 12-60784 (5th Cir. Feb. 3, 2014)
Ruling:
The Fifth Circuit affirmed the dismissal of an involuntary bankruptcy petition. The petitioning creditor lacked standing to file a petition for involunary relief under 303(b) because its claims...
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
Judge(s):
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
