Affirming bankruptcy court's denial of Bank's motion for permission to file late clam. Holding: Bankruptcy court did not abuse its discretion in finding that Bank failed to show that failure to...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
14 years 3 weeks ago
Citation:
No. 11-10396 (5th Cir. Mar. 9 2012)
Ruling:
The Fifth Circuit affirmed the district court’s order affirming the bankruptcy court’s decision not to dismiss the plaintiffs’ case pursuant to Federal Rule of Civil Procedure 41(b),...
Judge(s):
Judge Carolyn Dineen King, Judge Fortunato P. Benavides, and Judge W. Eugene Dennis
No. 11-10445 (5th Cir. March 9, 2012) (unpublished opinion and not precedent except as provided by 5TH CIR. R. 47.5.4)
Ruling:
The Fifth Circuit Court of Appeals agreed with the bankruptcy court and held that a Chapter 11 plan was ambiguous because (1) it did not explicitly state the manner in which a subordinated creditor...
The Fifth Circuit declined to extend Stern v. Marshall's limitation on bankruptcy court jurisdiction to magistrate judges and held magistrate judge had authority under Federal Magistrates Act to...
The 5th Circuit reversed and remanded granting of summary judgment in Debtor Shcolnik's favor on issue of willful and malicous injury under 11 U.S.C. 523(a)(6) if Debtor's claims of ownership were...
Judge(s):
Chief Judge Jones, Circuit Judges Haynes and Crone
The Court of Appeals affirmed that the debtor was the "de facto" owner of three bank accounts that funded the alleged fraudulent transfers and that the chapter 7 trustee met his burden in...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
14 years 2 months ago
Citation:
In the Matter of Marvin E. Moye, JMW Auto Sales; Joan M. Moye/ Waite v Cage/ 5th Cir
Ruling:
A judgement in favor of Trustee on Preference Claims pursuant to 547(b) against Waite, Jr. and Waite, III was affirmed. Agreeing with the District Court, the Fifth Circuit found that an...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
14 years 3 months ago
Citation:
Unpublished Opinion
Ruling:
The district court's order that was appealed from had remnded the appeal back to the bankruptcy court for further factual development. The Fifth Circuit ruled that, in light of the remand order of...
In affirming the dismissal of an adversary complaint seeking a declaration that a state tax liability had been discharged, the 5th Circuit held that unless a late-filed tax return is filed under a...
