In this non-bankruptcy opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Northern District of Texas (DC) not to award a...
Judge(s):
Leslie H. Southwick; James L. Dennis; and Carl E. Stewart
The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...
Judge(s):
Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez
In the latest installment of a long-running family saga, one family member's argument that an order approving a trustee's sale of real estate and preserving the "liens, claims, and encumbrances"...
The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....
The Rooker-Feldman doctrine prevents a federal bankruptcy court from reviewing a state court's decision that a debt owed to a casino was not discharged in an individual debtor's chapter 7 case. ...
Even though LAP failed to list Raymond James as a creditor when it filed for bankruptcy, Raymond James is nevertheless subject to the confirmation plan because of its actual knowledge of the...
The U.S. Court of Appeals for the Fifth Circuit held a district court did not abuse its discretion in denying a pro se appellant's motion for an extension of time to file a notice of appeal.
Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s
partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
Business debt to bank is dischargeable under facts of this case, which failed to establish the required elements under 523(a), namely: (a) a reasonable investigation would have revealed prior...
Following the Supreme Court's decision in Bartenwerfer v. Buckley, 589 U.S. 69 (2023), and Texas law establishing a person's liability for another's misrepresentations, an arbitrator's findings of...
