Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 10 months ago
Citation:
No. 10-30576; 2011 WL 1839452 (5th Cir. May 13, 2011)
Ruling:
The sixty-day deadline under 28 U.S.C. Sec. 158(d)(2)(E) for certification requests to appeal from an interlocutory order is jurisdictional. Thus, failure to comply by with the deadline requires...
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 bankruptcy court erred by allowing the Debtor to assume an executory contract after an incurable, non-monetary default by the Debtor had occurred. Because the Debtor failed to close as...
The Court ruled (i) that conversion of the bankruptcy case from chapter 11 to chapter 7 was proper and (ii) that denial of motion to dismiss related debtor's chapter 7 case was proper. The Court...
Per Curiam: unpublished and not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Ruling:
Conviction for bankruptcy fraud and 35-month prison sentence affirmed for individual chapter 7 debtor where the jury found the debtor knowingly and fraudulently concealed a pending personal injury...
Summarized by Alan Gerger , The Gerger Law Firm PLLC
15 years 2 days ago
Citation:
5th Circuit Ct. of Appeals, No. 10-40406, Appeal from the United States District Court, Eastern District of Texas, document no. 00511435498, April 15, 2011, 523(a)(4), King (concurring Davis, Southwick)
Ruling:
The Court ruled that an officer of a corporate general partner who is entrusted with the management of a limited parthership and who exercises sufficient control over that limited partnership is...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
15 years 3 weeks ago
Citation:
No. 10-20588 (5th Cir. Mar. 15, 2011)
Ruling:
Bankruptcy court's order denying discharge under 11 U.S.C. § 727 was affirmed based upon lack of sufficient explanation for loss of assets to meet liabilities.
Case No. No. 09-50975 (5th Cir 2010) (no West citation available yet)
Ruling:
Congress did not intend to preempt state law concerning collectibility of debts and, thus, Texas law provides the applicable limitations period for the collection of "lawful charges" under the Fair...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
15 years 1 month ago
Citation:
No. 10-20250
Ruling:
11 U.S.C. § 525(b) does not create a cause of action against private employers who discriminate in hiring on the basis of a job applicant's bankruptcy status.
Fifth Circuit affirmed denial of plan confirmation and dismissal of small business chapter 11 case. Debtor did not satisfy feasibility requirement for proposed plan and improperly classified...
