Withdrawing its prior opinion in Janvey v. Democratic Senatorial Campaign Comm., Inc., 699 F.3d 848 (5th Cir. 2012), the Fifth Circuit held that it had erroneously asserted that a Receiver had...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 5 months ago
Citation:
5th Cir. La. W.D. No. 3:090-CV-573 UNPUBLISHED
Ruling:
Appeal of denial of Motion to Disqualify BankruptcyJudge Hunter was dismissed as it is not an appealable final order under 28 U.S.C. Section 1291, nor an appealable interlocutory order under 28 USC...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
13 years 5 months ago
Citation:
Bosch v. Frost National Bank, et al. (In re 22646 South Loop West Limited Partnership), No. 12-20135, Fifth Circuit Court of Appeals
Ruling:
Rule 8002(a) requires the filing of a notice of appeal from the bankruptcy court to the district court within 14 days of the date of the entry of the judgment or order. Because the Appellant filed...
Judge(s):
Before JOLLY, BENAVIDES, and DENNIS, Circuit Judges.
REVERSED and REMANDED Amended Order of United States District Court for the Southern District of Texas granting Debtor's motion for summary judgment on the theory of judicial estoppel and holding...
Affirmed bankruptcy court's class action certification order providing for class of chapter 13 debtors and injunctive relief against home lender from collecting unauthorized fees.
Cardwell v. Gurley (In re Cardwell), Case No. 12-40070 (5th Cir. Aug. 31, 2012) (unpublished) (per curiam).
Ruling:
Affirmed district court's summary judgment affirming bankruptcy court's determination that creditor's state-court judgment against debtor was not dischargeable in bankruptcy. The state court's...
Condit v. McKeithan (In re McKeithan), No. 11-41305 (5th Cir. August 21, 2012)
Ruling:
Fifth Circuit AFFIRMED the bankruptcy court's decision to overrule a creditor's objection to a chapter 7 debtor's homestead exemption claim. The creditor did not present enough evidence to support...
5th Cir. Court of Appeal (August 21, 2012) - Case No. 11-20534
Ruling:
AFFIRMING the decision of United States Distrcit court for the Southern District of Texas (Houston) that the Trustee had proved that all but one of the payments in question made by the debtors were...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 7 months ago
Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 7 months ago
Citation:
No citation yet. Case No. 11-30982
Ruling:
District Court's determination that Chapter 13 plan was not filed in good faith was a final order within meaning of 28 U.S.C. §158(d) and Circuit Court has jurisdiction to hear appeal.
There is...
