Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13...
Judge(s):
Higginbotham, Owen, and Southwick, Circuit Judges.
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
No. 11-51167, Pursuant to 5TH CIR. R. 47.5, not for publication.
Ruling:
DISMISSED the appeal for lack of jurisdiction, concluding that bankruptcy court's discovery order was interlocutory, and the district court's order (dismissing the appeal from the bankruptcy court)...
AFFIRMED, in consolidated appeals arising from a Chapter 15 proceeding, district court's judgment recognizing the Mexican reorganization proceeding and appointment of foreign representatives and...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
13 years 4 months ago
Citation:
Fifth circuit appeal
Ruling:
Fifth Circuit reversed lower court's grant of summary judgment for claimant and rendered summary judgment in favor of insurer on waiver of coverage issue, holding that the proceeds of a liability...
Rabalais v. Leon (In re Rabalais), No. 12-20255 (5th Cir. Nov. 19, 2012) [Not for Publication]
Ruling:
Affirming the District Court, the Fifth Circuit held that it lacked authority under the Rooker-Feldman doctrine to review a Debtor’s argument that a California state court improperly...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 4 months ago
Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.), No. 11-51141 (5th Cir. 11/8/2012) (unpublished) (per curiam)
Ruling:
An untimely Rule 59(e) motion to alter or amend a district court's judgment affirming a bankruptcy court's dismissal order does not extend the 30-day deadline to file a notice of appeal of the...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 5 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
