Home » 5th Circuit

Flugence v. Axis Surplus Insurance, et al. (In the Matter of Flugence)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 12 years 6 months ago
Citation:
Case No. 13-30073 (5th Cir. Oct. 4, 2013)
Ruling:
The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...
Judge(s):
Smith, Dennis and Higginson, Circuit Judges
Tag(s):

Philippe Tanguy v. William West (In the Matter of Richard Davis)

Citation:
Philippe Tanguy v. William West (In the Matter of Richard Davis), Case No. 12-20555 (unpublished)(per curiam)
Ruling:
Stern v. Marshall does not deprive a bankruptcy court of jurisdiction over a third party's counterclaims against the bankruptcy estate or trustee relating to acts allegedly committed during the...
Judge(s):
Stewart, Davis, Wiener
Tag(s):

In re Monteagudo

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 8 months ago
Citation:
Case No. 13-20044 (unpublished slip opinion)
Ruling:
Houston Bankruptcy Judge Marvin Isgur's order sanctioning a Seattle-based attorney for the attorney's pattern of ignoring Judge Isgur's prior rulings was AFFIRMED. The attorney represented a...
Judge(s):
REAVLEY, JOLLY, and DAVIS (per curiam)
Tag(s):

Wren Alexander Investments, L.L.C. v. IRS (In re Wren Alexander Investments, L.L.C.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 12 years 10 months ago
Citation:
Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)
Ruling:
Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...
Judge(s):
GARZA, SOUTHWICK and HAYNES. PER CURIAM.
Tag(s):

U.S. v. Theall

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 12 years 10 months ago
Citation:
Case No. 12-30457, 2013 U.S. App. LEXIS 10783 (5th Cir. May 29, 2013) (per curiam)
Ruling:
AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent with the opinion. The Fifth Circuit affirmed the convictions Thad and Theresa Theall for making false...
Judge(s):
DeMoss, Dennis and Prado
Tag(s):

In re Lively

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 12 years 10 months ago
Citation:
2013 WL 2347045
Ruling:
AFFIRMING the Bankruptcy Court, the Fifth Circuit followed the 10th and 4th Circuits in holding that the absolute priority rule applies in individual chapter 11 cases. The absolute priority rule...
Judge(s):
Jones, Dennis & Higginson. Judge Edith Jones wrote the opinion.
Tag(s):

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Citation:
5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)
Ruling:
AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed....
Judge(s):
King, Higginbotham, and Clement.
Tag(s):

Smyth v. Simeon Land Development, L.L.C. (In re Escarent Entities, L.P.)

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 12 years 11 months ago
Citation:
In the Matter of Escarent Entities, LP/ Smyth v Simeon Land Development, LLC et.al., Case No. 12-50297 (5th Cir. 2013)UNPUBLISHED
Ruling:
Following In re Gilchrist, 891 F. 2d 559, 560, the Circuit Court affirmed the District Court's holding that the appeal of a sale order of the Bankruptcy Court was moot as Appellant had not obtained...
Judge(s):
DeMoss, Owen and Haynes. Judge Haynes concurred in the judgment only.
Tag(s):

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