Villarreal v. Showalter (In re Villarreal)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 15 years 7 months ago

Citation:

(5th Circuit, Dec 31,1969)

Ruling:

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...

Tag(s):

• 5th Circuit

Green v. Mallia et al.

• Summarized by Aaron Kaufman , Gray Reed LLP
• 15 years 7 months ago

Citation:

(5th Circuit, Dec 31,1969)

Ruling:

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...

Tag(s):

• 5th Circuit

Wyttenbach v. Commissioner of Internal Revenue (In re Wyttenbach)

• Summarized by Peter Ruggero , Ruggero Law Firm PC
• 15 years 7 months ago

Citation:

(5th Circuit, Dec 31,1969)

Ruling:

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...

Tag(s):

• 5th Circuit

Bank of New York Trust Co. NA v. Pacific Lumber Co. (In re Scopac)

• Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
• 15 years 7 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...

Judge(s):

Jones, Prado, Ozerden

Tag(s):

• 5th Circuit

Cantu v. Gonzalez & Benavides L.L.P. et al. (In re Cantu)

• Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
• 15 years 7 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.

Tag(s):

• 5th Circuit

Kleibrink v. Kleibrink (In re Kleibrink)

• Summarized by Peter Ruggero , Ruggero Law Firm PC
• 15 years 8 months ago

Citation:

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...

Judge(s):

Davis, Stewart, Dennis (per curiam)

Tag(s):

• 5th Circuit

Reed v. City of Arlington

• Summarized by Kelly McDonald , Shearman & Sterling LLP
• 15 years 9 months ago

Citation:

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...

Judge(s):

Jones, DeMoss, Clement

Tag(s):

• 5th Circuit

JNS Aviation, Inc., et al. v. Nick Corporation (In re JNS Aviation, L.L.C.)

• Summarized by Henry Baer , Finn Dixon & Herling LLP
• 15 years 9 months ago

Citation:

2010 WL 3680844 (5th Cir. September 14, 2010)

Judge(s):

Circuit Judges Garza and Benavides and District Judge Crone

Tag(s):

• 5th Circuit

Thomas v. Mathenia (In re Asheru)

• Summarized by J. Newman , J. Walter Newman IV, PLLC
• 15 years 9 months ago

Citation:

(5th Circuit, Dec 31,1969)

Ruling:

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....

Judge(s):

WIENER, PRADO, and OWEN, Circuit Judges.

Tag(s):

• 5th Circuit

Guerra & Moore Ltd. v. Cantu (In re Cantu)

• Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
• 15 years 9 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...

Judge(s):

King, Davis and Clement, Circuit Judges.

Tag(s):

• 5th Circuit

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