The U.S. Court of Appeals for the Fifth Circuit held (a) the Minor Children had Article III standing to appeal from a bankruptcy court's decision denying their motion for a "comfort order" to...
Debtor's appeal of a settlement order entered by the bankruptcy court was dismissed due to his appeal being filed 11 months late. Furthermore, his appeal of a denied request for relief under FRCP...
Judge(s):
Catharina Haynes, James E. Graves Jr., Stephen A. Higginson
The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...
Members of the Official Committee of Unsecured Creditors who were removed from the Committee by the bankruptcy court did not have standing to appeal the bankruptcy court's order that removed them...
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
Joining the U.S. Court of Appeals for the Fourth Circuit, and diverging from some bankruptcy courts, including the one below, the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that, in...
Judge(s):
Stuart K. Duncan; Stephen A. Higginson; and Patrick Higginbotham
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court erred in sanctioning a law firm and its client by shifting $239,655 in legal fees. The fee-shifting amounted to a criminal...
The Fifth Circuit found that the questions on appeal to the district court (from a bankruptcy court’s order denying a complaint filed under both section 523 and section 727) contained questions...
