Home » 5th Circuit

Ruby Robinson Co., Inc. v. Herr

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 14 years 3 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
Tag(s):

Velazquez v. Countrywide Home Loans Servicing, L.P.

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 14 years 5 months ago
Citation:
Case No. 10-20609 (5th Cir. October 17, 2011)
Ruling:
Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Judge(s):
King, Davis and Garza, Circuit Judges
Tag(s):

Spencer ad hoc Equity Committee v. Idearc, Inc. (In re Idearc, Inc.)

  • Summarized by Peter Ruggero , Ruggero Law Firm PC
  • 14 years 5 months ago
Citation:
Case No. 10-10858 (5th Cir. October 17, 2011)
Ruling:
The Debtors' chapter 11 plan was substantially consummated. Accordingly, the Court of Appeals affirmed the District Court's denial of appeal of confirmation order on grounds of equitable mootness.
Judge(s):
Smith, Southwick and Graves, Per Curiam
Tag(s):

Smith v. HD Smith Wholesale Drug Co. (In re McCombs)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 14 years 6 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
Judge(s):
Owen, Haynes
Tag(s):

Sandburg Financial Corp. v. American Rice, Inc. (In re American Rice, Inc.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 14 years 6 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Judge(s):
Judges King, Smith and Graves
Tag(s):

Roberg v. Franchi (In re Franchi)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 14 years 6 months ago
Citation:
No. 11-30088 (5th Cir. 2011) (Unpublished Opinion)
Ruling:
Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...
Judge(s):
Garza, Southwick and Haynes
Tag(s):

ASARCO, Inc. v. Elliott Management (In re ASARCO, L.L.C.)

  • Summarized by Peter Ruggero , Ruggero Law Firm PC
  • 14 years 7 months ago
Citation:
Case No. 10-40930 (5th Cir. Aug 16, 2011)
Ruling:
Court held that a flexible and less stringent standard is used in bankruptcy cases to determine if orders are final for purposes of appellate jurisdiction. Court further held that the business...
Judge(s):
The Hon. Smith and the Hon. Stewart, decided by a quorum due to the death of the Hon. Garwood.
Tag(s):

Reed v. City of Arlington

  • Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
  • 14 years 7 months ago
Citation:
No. 08-11098 (5th Cir. Aug. 11, 2011) (en banc)
Ruling:
“[A]bsent unusual circumstances, an innocent trustee can pursue for the benefit of creditors a judgment or cause of action that the debtor fails to disclose in bankruptcy." The Court held that...
Tag(s):

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