No. 10-20134 (June 24, 2011) (per curiam) (Pursuant to 5th Cir. Rule 47.5, this opinion should not be published and is not precendent except under limited circumtances)
Ruling:
The Fifth Circuit ruled that the bankruptcy court did not err in refusing to grant a stay of or continuing the trial of a dischargeability proceeding while the debtor appealed an adverse judgment...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 9 months ago
Citation:
No. 10-20556 (June 24, 2011) (Per Curiam) (Not For Publication)
Ruling:
Affirming the District Court for the Southern District of Texas, the Fifth Circuit rejected Antelope Technologies, Inc.’s (“Antelope”)—the debtor in the case—three arguments the...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
14 years 9 months ago
Citation:
No. 10-31048 (5th Cir. June 22, 2011)
Ruling:
The Fifth Circuit ruled that a debt that is already due and payable before a Chapter 13 bankruptcy filing may not be “maintained” under 11 U.S.C. § 1322(b)(5). The court concluded that...
Case No. 10-30387 (5th Cir. June 21, 2011) (per curiam)
Ruling:
In a de novo contract interpretation of an asset purchase agreement (APA) between purchaser Greif Industrial Packaging (“Purchaser”) and seller-debtor Evans Industries, Inc. (“Debtor”), the...
The Court of Appeals for the Fifth Circuit affirmed the district court's denial of condominium association's motion to intervene in receivership litigation and motion to lift the stay of...
United States Court of Appeals for the Fifth Circuit, No. 10-30946, June 17, 2011 (unpublished, per curiam opinion)
Ruling:
The appellant's discharge injunction from her confirmed chapter 13 case does not protect post-petition community assets from collection efforts by her spouse's judgment creditor because her...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 9 months ago
Citation:
No. 09-41294 (5th Cir. June 16, 2011)
Ruling:
Affirming the Bankruptcy Court on other grounds, the Fifth Circuit found that, in the context of reorganizing a family-owned company, comprised of multiple entities (collectively, the...
No. 10-40897, Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Ruling:
The Fifth Circuit dismissed the debtors’ appeal for lack of standing. The Court of Appeals held that, although the bankruptcy court entered judgment for less than the debtors had hoped, the...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 9 months ago
Citation:
10-50462
Ruling:
The Fifth Circuit held (1) the "settlor" of the spendthrift trust created for the benefit of the Debtor was only the Debtor's grandmother who is identified in the trust document as the "settlor"...
