Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
15 years 2 months ago
Citation:
(5th Circuit, Dec 31,1969)
Ruling:
1. Individual debtor living in the Western District of Texas for less than 730 days is required by the choice of law provision in Sec. 522(b)(3)(A) to use the exemption statutes of his previous...
Fifth Circuit affirmed the district court's denial of the City's motion for leave to file an amended complaint and also affirmed the district court's dismissal of the City's petition for failure to...
The Court of Appeals affirmed the preliminary injunction granted by the U.S. District Court for the Northern District of Texas, Dallas Division, because: (1) the mere filing of a motion to compel...
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 Court of Appeals dismissed this appeal as equitably moot, finding that (1) no stay had been sought or obtained; (2) the confirmed plan had been substantially consummated; and (3) no relief...
Pursuant to 5th CIR. R. 47.5, the Court determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th CIR.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:
Debtors Esmeralda Gomez and Jose Luis Gomez directly appealed to the Fifth Circuit a bankruptcy court decision upholding the foreclosure sale of their home without first obtaining certification of...
Undivided unearned fees, in these consolidated cases "loan discount fees" not shared with third party service providers, are not actionable under section 8(b) of the Real Estate Settlement...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
15 years 4 months ago
Citation:
(5th Circuit, Dec 31,1969)
Ruling:
The issue before the court was whether a third-party lender who pays a debtor's ad valorem taxes and receives a transfer of the local taxing authority's tax lien under Texas law holds a tax claim...
The Fifth Circuit held that bankruptcy court's factual findings were not clearly erroneous. However, recognizing a potential conflict in Texas homestead exemption case law (where the right to...
