In re Kapetanakis, Case No. 11-20306 (5th Cir. June 12, 2012) (per curiam) (unpublished)
Ruling:
The Fifth Circuit AFFIRMED the District Court's order, which affirmed Bankruptcy Court's order, and reiterated that "a settlement agreement of a non-dischargeable obligation does not convert the...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 9 months ago
Citation:
Bandi v. Becnel (In re Bandi), Case No. 11-30654 (5th Cir., June 12, 2012)
Ruling:
The Fifth Circuit affirmed the decisions of the United States District Court and the United States Bankruptcy Court for the Eastern District of Louisiana denying the dischargeability of a debt...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 11 months ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
The 5th Circuit, in a majority opinion over a strong dissent by Judge Haynes, affirmed summary judgment and dismissal granted by the district court in a separate proceeding based on the doctrine...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
14 years 1 week ago
Citation:
No. 11-30462 (5th Cir. March 2, 2012)
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that a law firm that failed to disclose prior transactional assistance to a debtor and was paid a retainer for bankruptcy representation through...
Judge(s):
The Honorable Fortunato Benavides, Carl Stewart, and James Graves, Jr.
A debtor’s status as an attorney, without more, could not give rise to a presumption that the debtor had knowledge of homestead exemption laws or other bankruptcy rules and requirements. Because...
Judge(s):
King, Wiener and Haynes; Per Curiam opinion (Pursuant to 5th Cir. R. 47.5, the court has determined that the opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4).
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 2 weeks ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-10989
Ruling:
"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...
Judge(s):
Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
14 years 2 weeks ago
Citation:
No. 11-20777 (5th Cir. March 20, 2012)
Ruling:
An affidavit filed in support of a claimant's lien against mineral property did not indicate it was sworn in the presence of the affiant. The failure to provide a properly sworn affidavit in...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
14 years 2 weeks ago
Citation:
Case No. 11-10070 (5th Cir. March 20, 2012).
Ruling:
Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...
Judge(s):
Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
14 years 2 weeks ago
Citation:
Cantu v International Bank of Commerce (In re Cantu) (5th Cir. S.D. Tex. Mar. 2012)(unpublished)
Ruling:
Section 348(d) did not transform a lien on the Debtor's post-petition receivables, arising from a settlement approved by the Bankruptcy Court prior to conversion, into one treated as existing...
