The Fifth Circuit reversed the District Court, vacated the order of dismissal and remanded to the Bankruptcy Court because the evidence was insufficient to warrant dismissal for abuse of judicial...
Judge(s):
Hon. Emilio M. Garza, Hon. W. Eugene Davis and Hon. James L. Dennis
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 2 months ago
Citation:
United States Court of Appeals for the Fifth Circuit; No. 12-50462
Ruling:
The bankruptcy court had core jurisdiction over Appellants' claims against an individual defendant but Appellants lacked standing to assert any remaining claims because the claims were transferred...
The Fifth Circuit affirmed the district court’s dismissal of a bankruptcy appeal, holding that the district court did not abuse its discretion in dismissing an appeal after the appellant failed...
Newco Energy v. Energytec, Inc. (In the Matter of Energytec, Inc.), -- F.3d --, Case No. 12-41162 (5th Cir. Dec. 31, 2013)
Ruling:
Section 363(m) does not moot the appeal of an order determining the nature and extent of a non-bankrupt party's interest in a pipeline system when the 363 sale was approved subject to a later...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 3 months ago
Citation:
In the United States Court of Appeals for the Fifth Circuit No. 13-50154
Ruling:
The statute defining jurisdiction over bankruptcy appeals (28 U.S.C. Section 158), expressly requires that a notice of appeal be filed under the time limit provided in Rule 8002 of the Bankruptcy...
Reversed and Remanded the order disgorging two properties transferred from Debtor to Debtor's counsel and held that while the Bankruptcy Code seeks to protect debtors and their estates from...
Affirmed dismissal for lack of standing. Individual chapter 7 debtor lacked standing to appeal fraudulent transfer judgment because the judgment was not against debtor in his individual capacity.
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 4 months ago
Citation:
USA v. Prince No. 12-40286
Ruling:
The Fifth Circuit affirmed the District Court's evidentiary, effective assistance of counsel and Speedy Trial rulings and affirmed the appellant's convictions for bank fraud, money laundering,...
