In re Little River Healthcare Holdings, LLC

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

Citation:

21-50616 (5th Circuit, May 18,2022) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Applying the plain meaning to the court-approved contingency fee agreement, the Court REVERSED, in part, concluding that certain categories of "damages" awarded by an Arbitrator should have been...

Judge(s):

King, Jones, and Duncan

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Ethics
• Professional Compensation/Fees
• 2016
• 328
• 330

Edwards Family Partnership, et al v. Johnson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 8 months ago

Citation:

20-61011 (5th Circuit, Apr 27,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...

Judge(s):

Stephen A. Higginson; James L. Dennis; and Gregg J. Costa

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Small Business
• 11 U.S.C. § 105(a); 11 U.S.C. § 362(a); 11 U.S.C. § 362(k); 11 U.S.C. § 704; 11 U.S.C. § 1106

NCC Financial v. Investar Bank

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 8 months ago

Citation:

21-30291 (5th Circuit, Apr 14,2022) Not Published

Case Status:

Affirmed

Ruling:

In a per curiam opinion, like the United States District Court for the Middle District of Louisiana (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S....

Judge(s):

Edith H. Jones; Stephen A. Higginson; and Kyle S. Duncan

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• 11 U.S.C. § 502(b)(1); 11 U.S.C. § 506(b); 11 U.S.C. § 544(a)

Talarico v. Ultra Petroleum

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 2 years 9 months ago

Citation:

21-20049 (5th Circuit, Apr 01,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirmed the District Court's dismissal of a challenge, asserted by a former shareholder of the Debtor, to the bankruptcy court's Chapter 11 confirmation order, finding in part that: "if the...

Judge(s):

Higginson, Willett, and Ho.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• 11 U.S.C § 1129

FERC v. Ultra Resources

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 2 years 9 months ago

Citation:

20-20623 c/w 21-20126 (5th Circuit, Mar 14,2022) Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Code does not require the debtor, an energy company whose primary business is the production of natural gas, to obtain FERC's approval of its chapter 11 plan or its decision to...

Judge(s):

King, Graves, Ho

Tag(s):

• 5th Circuit
• Plan Confirmation
• Business Reorganization
• 11 U.S.C § 365

Kreit v. Quinn

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 10 months ago

Citation:

21-20067 (5th Circuit, Feb 11,2022) Published

Case Status:

Affirmed

Ruling:

The U.S Court of Appeals for the Fifth Circuit: (1) affirmed financial sanctions ordered by the bankruptcy court and ratified by the district court on doctors who asserted causes of action placed...

Judge(s):

Jerry E. Smith; Patrick E. Higginbotham; and James C. Ho

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Health Care
• Investment Banking
• Lender Liability
• Small Business
• 11 U.S.C § 105

Gabriel Invst v. Texas ABC

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 2 years 11 months ago

Citation:

21-50322 (5th Circuit, Jan 28,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The Fifth Circuit certified questions of Texas state law to the Texas Supreme Court regarding permissibility of alcohol permit transfer(s) as part of a proposed sale.

Judge(s):

King, Costa, and Willett, Circuit Judges.

Tag(s):

• 5th Circuit
• Asset Sales
• Certification
• Court Administration
• Legislation
• Venue/Jurisdiction

Sylvester v. Chaffe McCall

• Summarized by David Baker , Law Office of David G. Baker
• 2 years 11 months ago

Citation:

No. 21-30186 (5th Circuit, Jan 14,2022) Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court's decision awarding attorney fees to attorney that represented trustee reversed and remanded for further proceedings consistent with the opinion.

Judge(s):

Smith, Elrod, and Oldham

Tag(s):

• 5th Circuit
• Professional Compensation/Fees
• 330
• 328

Su v. C Whale

• Summarized by Lars Fuller , BakerHostetler
• 2 years 11 months ago

Citation:

21-20147 (5th Circuit, Jan 13,2022) Published

Case Status:

Affirmed

Ruling:

Fifth Circuit affirmed ruling of U.S. District Court (SD Tx.) which affirmed bankruptcy court order approving sale of ship over objection of debtor's principal. Section 363(m) and objector's...

Judge(s):

Stewart, Haynes, Graves

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• 11 U.S.C § 363(m)

Lawrence v. Frost Bank

• Summarized by J. Newman , Newman & Newman
• 2 years 12 months ago

Citation:

No. 21-10103 (5th Circuit, Jan 12,2022) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not err in finding that Lawrence intended to defraud Frost by perpetuating a fraudulent conveyance scheme and that Lawrence committed actual fraud actionable under §...

Judge(s):

Owen, Chief Judge, and Jones and Wilson, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(2)(A)

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