Grossman v. Lothian Oil Inc. (In re Lothian Oil Inc.), Case No. 1050683, --- F.3d --- (5th Cir. 2011)
Ruling:
The Fifth Circuit held that a claim objection seeking to recharacterize debt to equity, which frequently concerns the same factors as equitable subordination, is a distinguishable concept. ...
Judge(s):
Jones, Higginbotham and Southwick. Opinion by Edith H. Jones, Chief Judge.
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 8 months ago
Citation:
No. 10-10617
Ruling:
1. The District Court acted within its power when it issued a preliminary injunction prior to deciding an outstanding motion to compel arbitration.
2. The District Court did not abuse its...
The Fifth Circuit Court of Appeals (the “Circuit Court”) vacated the injunction entered by the bankruptcy court (391 B.R. 327), and affirmed by the district court (No. 08-3225, 2009 WL...
In this informative decision applying the United Operating “specific and unequivocal” standard for reserving causes of action under a chapter 11 plan, the Fifth Circuit reminds us that “the...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
14 years 8 months ago
Citation:
No. 10-40485 (5th Cir. July 19, 2011)
Ruling:
Pursuant to 26 U.S.C. § 6672, the CEO of an airline is personally responsible for excise taxes the airline collected from passengers during his tenure but did not turn over to the United States. ...
Judge(s):
E. Grady Jolly, Catharina Haynes, and James E. Graves, Jr.
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 9 months ago
Citation:
Not for Publication; Case No. 10-20004 (5th Cir. June 28, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the “Circuit Court”) dismissed the appeal for lack of standing and want of jurisdiction. Acord and Ortega had appealed various orders entered by the United...
