Home » 5th Circuit

Foster v. Aurzada

Citation:
22-10310, 22-10318 (5th Circuit, Jan 03,2023) Published
Case Status:
Affirmed
Ruling:
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
Tag(s):

Azby Fund v. Wadsworth Estates

  • Summarized by Timothy Byrd , McGlinchey Stafford, PLLC
  • 2 years 3 weeks ago
Citation:
No. 22-30092 (5th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
Tag(s):

Burch v. Chase Bank of TX

Citation:
21-10054 (5th Circuit, Nov 22,2022) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found William Paul Burch (Debtor) to have raised no nonfrivolous issues on appeal and thus denied his motion to...
Judge(s):
Patrick E. Higginbotham; S. Kyle Duncan; and Charles R. Wilson
Tag(s):

In the Matter of: Jon Amberson

Citation:
21-50960 (5th Circuit, Nov 18,2022) Published
Case Status:
Affirmed
Ruling:
While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Tag(s):

Ultra Petro Corp v. Ad Hoc Com

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 2 months ago
Citation:
21-20008 (5th Circuit, Oct 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
Judge(s):
Jolly and Elrod (majority), Oldham (dissenting)
Tag(s):

Ogle v. Morgan, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 2 years 2 months ago
Citation:
20-10908 (5th Circuit, Oct 07,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
Judge(s):
Jones and Southwick
Tag(s):

Morash v. Valley Ridge Roofing and Construction, L.L.C. (In re Silver State Holdings, Assignee 7901 Boulevard 26, L.L.C.)

Citation:
21-10212 (5th Circuit, Aug 30,2022) Not Published
Case Status:
Affirmed
Ruling:
In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
Judge(s):
Costa, Haynes, Jones
Tag(s):

Mattlage-Thurmond v. First National Bank of McGregor

Citation:
22-50032 (5th Circuit, Aug 18,2022) Not Published
Case Status:
Affirmed
Ruling:
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
Judge(s):
Stewart, Elrod, and Graves
Tag(s):

NexPoint v. Highland Capital Management

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 2 years 4 months ago
Citation:
21-10449 (5th Circuit, Aug 19,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
Judge(s):
Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
Tag(s):

In re GenOn Mid-Atlantic Development, L.L.C.

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 2 years 5 months ago
Citation:
21-20557 (5th Circuit, Jul 29,2022) Published
Case Status:
Affirmed
Ruling:
Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
Judge(s):
Smith, Wiener, and Southwick
Tag(s):

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