AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 12 months ago
Citation:
Case Number 12-10386 Fifth Circuit Court of Appeals
Ruling:
The 5th Circuit upheld the District Court's reversal of the Bankruptcy Court's decision in a lien priority dispute between material suppliers/mechanics lien claimants and secured creditors, placing...
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling:
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime...
The Court of Appeals AFFIRMED the District Court's ruling, which affirmed the bankruptcy court's ruling that granted the summary judgment of two consolidated matters.
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between...
AFFIRMED bankruptcy court's grant of summary judgment for Pilgrim's Pride Corporation ("PPC") on the ground that written contracts between PPC and Clinton Growers barred the alleged oral promises...
Because the layoffs of all employees by Flexible Flyer on the date it filed bankruptcy were shown to have been caused by the abrupt unavailablity of operating funds, which were completely...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 1 month ago
Citation:
No. 12-30525 (5th Cir. Feb. 6, 2013)
Ruling:
Debts incurred by debtor to former spouse for money loaned to debtor both before and during marriage were non-dischargeable pursuant to 11 U.S.C. Sec. 523(a)(15) because the divorse decree stated...
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
13 years 2 months ago
Citation:
No. 11-51082
Ruling:
Appellants appeals of three pro hac vice related orders were dismissed because they were untimely. Appellants motion to set aside settlements agreements encompassed in the Debtor's confirmed plan...
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state...
Judge(s):
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).