Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

Armendariz v. Chowaiki

Citation:
16-50905 (5th Circuit, Mar 30,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
"With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
Judge(s):
Stewart, Jolly, Jones (per curiam)
Tag(s):

Kipp Flores Architects, L.L.C. v. Mid-Continent Casualty Co.

Citation:
16-20255 (5th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Judge(s):
JONES, BARKSDALE, and COSTA
Tag(s):

U.S.A. v. Lagos

Citation:
16-20146 (5th Circuit, Mar 17,2017) Not Published
Case Status:
Affirmed
Ruling:
Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
Judge(s):
PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
Tag(s):

Tower Credit, Inc. v. Schott (In the Matter of Jackson)

Citation:
No. 16-30274 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
Judge(s):
Davis, Dennis and Southwick. Opinion by Dennis
Tag(s):

Carroll v. Abide (In the Matter of Carroll)

Citation:
16-30996 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
Judge(s):
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
Tag(s):

Galaz v. Galaz (In re Galaz)

Citation:
15-51194 (5th Circuit, Mar 10,2017) Published
Case Status:
Affirmed
Ruling:
The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
Judge(s):
Clement, Smith, Southwick (opinion by Clement)
Tag(s):

Wiggains v. Reed (In the Matter of Wiggains)

Citation:
No. 15-11249 (5th Circuit, Feb 14,2017) Published
Case Status:
Affirmed
Ruling:
When it became clear that Mr. Wiggains would file bankruptcy to satisfy his outstanding debts, the couple entertained various options and made their best estimate on ultimate financial benefits by...
Judge(s):
JOLLY, BARKSDALE, and SOUTHWICK
Tag(s):

Chu v. State of Texas (In the Matter of Chu)

Citation:
No. 15-11001 (5th Circuit, Feb 09,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (N.D Tex.), which affirmed bankruptcy court's entry of summary judgment in favor of creditor on objection to chapter 7 debtor's discharge. State of...
Judge(s):
Jolly, Higginbotham, Graves
Tag(s):

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