Dismissal of federal complaint was affirmed. The Fifth Circuit held that state court Judge Mallia was protected by judicial immunity because he acted within his judicial capacity and with...
Fifth Circuit affirmed bankruptcy and district court's ruling that Appellant was inelgible for bankruptcy relief based on bankruptcy court's finding that Appellant did not comply with credit...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
15 years 5 months ago
Citation:
(5th Circuit, Dec 31,1969)
Ruling:
The Fifth Circuit held that (1) the district court erred in dismissing for lack of jurisdiction an appeal of the bankruptcy court's order denying note-holders' superpriority claim despite the...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
15 years 5 months ago
Citation:
(5th Circuit, Dec 31,1969)
Ruling:
The Fifth Circuit ruled that the bankruptcy court's refusal to confirm a Chapter 11 plan under 11 U.S.C. § 1129(b), and to instead convert the case to a Chapter 7 liquidation, was proper.
U.S. Court of Appeals for the Fifth Circuit, 07-11190, Opinion, Sept. 21, 2010
Ruling:
Secured creditor's lien on property was not extinguished by claim objection or discharge in prior bankruptcy. Secured creditors are entitled to due process, and an adversary proceeding is...
U.S. Court of Appeals for the Fifth Circuit, 08-11098, Opinion, Sept. 16, 2010
Ruling:
In applying the doctrine of judicial estoppel in the bankruptcy context, the doctrine must be considered from a fact-specific perspective concerning all parties involved. It is not sufficient to...
Thomas did not brief his claim that the district court erred in referring
the IFP motion to the bankruptcy court for the preparation of a report and
recommendation and, thus, it is abandoned....
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
15 years 7 months ago
Citation:
400 B.R. 104 (Bankr. S.D. Tex. 2008), no cite at the district court level, no cite at the Fifth Circuit
Ruling:
State court judgment for intentional interference with a lawfirm's contract with a client did not establish a "willful and malicious injury" that, under 11 U.S.C. Sec. 523(a)(6), bars discharge of...
