Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 7 months ago
Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
U.S. Bankruptcy Court, N.D. Texas, Ft. Worth Division ruling granting $1million fee enhancement was affirmed on the basis that the U.S. Supreme Court's decision in Perdue v. Kenny A, 130 S.Ct. 1662...
The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 8 months ago
Citation:
U. S. v. Coney, Case No. 11-30387(5th Cir. July 24, 2012)
Ruling:
The chapter 7 discharge that was issued in favor of the defendants did not discharge their tax obligations because the debtors' conduct violated Sec. 523(a)(1)(C)("A discharge under Section 727 . ....
Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
Ruling:
The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 8 months ago
Citation:
5th Cir. Tex. W.D. No. 5;20-CV-1031 UNPUBLISHED
Ruling:
Bankruptcy Court did not abuse its discretion in waiting to determine whether setoff was warranted before ordering payments from the bankruptcy estate for child support as it reasonably believed...
The Fifth Circuit explained that although a court may take judicial notice of a document filed in another court to establish the fact of such litigation and related findings, a court cannot take...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
13 years 9 months ago
Citation:
Southwestern Electric Power Company (SWEPCO) v. Committee of Certain Members of Cajun Electric (In re Cajun Electric Power Cooperative, Incorporated), No. 11-31022 2012 U.S. App. Lexis 13081 (5th Cir. 2012).
Ruling:
Fifth Circuit interpreted parties' 1997 agreement to preclude either party's entitlement to reimbursement from the other due to the plain meaning of the relevant terms in the agreement.
Judge(s):
Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
13 years 9 months ago
Citation:
Brazos Emergency Physicians Association, P.A., et al. v. Patrick G. Woods, M.D., et al. (In re Brazos Emergency Physicians Association, P.A.), Case No. 11-50927 (5th Cir. June 22, 2012)
Ruling:
The Fifth Circuit affirmed the decisions of the United States District Court and the United States Bankruptcy Court for the Western District of Texas dismssing the Debtor's Chapter 11 bankruptcy...
Judge(s):
King, Jolly, and Graves (Per curiam) (non-precedential except under limited circumstances set forth in 5th Cir. R. 47.5.4.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 9 months ago
Citation:
Case No. 12-40122 (5th Cir. June 18, 2012)
Ruling:
Affirming the Bankruptcy Court, the Fifth Circuit held that the governmental police or regulatory power exception to the automatic stay provided in section 362(b)(4) of the Bankruptcy Code applied...
Case No. 11-40557 (5th Cir. June 15, 2012) (Not for Publication)
Ruling:
AFFIRMED the decision of the District Court for Southern District of Texas which found that (1) Bodden exercised complete control over Debtor RJMW Corporation so that he was the Debtor...
