Berry Contracting v. Schmidt

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 2 weeks ago

Citation:

21-50230 (5th Circuit, Dec 17,2021) Not Published

Case Status:

Affirmed

Ruling:

A party seeking to file an objection to discharge must obtain an order granting an extension if the claim objection is not filed within 60 days after the first date set for the first meeting of...

Judge(s):

Higginbotham, Higginson, and Duncan, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 4007(c)
• 4004(b)(1)
• 11 U.S.C § 523

Al-Omar v. Exco Services

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 2 weeks ago

Citation:

21-20078 (5th Circuit, Dec 16,2021) Not Published

Case Status:

Affirmed

Ruling:

Per curiam, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the opinion of the U.S. District Court for the Southern District of Texas (DC) affirming adjudication of claims for...

Judge(s):

Patrick E. Higginbotham; Stephen A. Higginson; and S. Kyle Duncan

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Small Business
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 8002(a)

Dean v. Seidel

• Summarized by J. Newman , Newman & Newman
• 3 years 1 month ago

Citation:

No. 21-10468 (5th Circuit, Dec 07,2021) Published

Case Status:

Dismissed

Ruling:

In this appeal of a bankruptcy court order, the debtor objects to a litigation funding arrangement entered into by the trustee and a creditor. The court found that the Debtor did not have Standing...

Judge(s):

Weiner, Graves and Ho

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction

Zolnier v. Collins

• Summarized by Aaron Kaufman , Gray Reed LLP
• 3 years 1 month ago

Citation:

21-20260 (5th Circuit, Dec 06,2021) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...

Judge(s):

Per curiam (Higginbotham, Stewart and Wilson)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Commercial Fraud
• 11 U.S.C § 523(a)

New Falls v. LaHaye, et al

• Summarized by Michael Cooley , Reed Smith LLP
• 3 years 1 month ago

Citation:

19-30795 (5th Circuit, Nov 12,2021) Published

Case Status:

Affirmed

Ruling:

Although a confirmed plan can discharge the liability of a nondebtor guarantor, it can limit a creditor’s claim against a nondebtor guarantor by determining the source and value of payments to be...

Judge(s):

Elrod, Southwick, and Costa

Tag(s):

• 5th Circuit
• Plan Confirmation
• Discharge/Dischargeability
• 1141(a)

Mandel v. White Nile Software, et al

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 3 years 4 months ago

Citation:

20-40026, 20-40340 (5th Circuit, Aug 17,2021) Not Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...

Judge(s):

Jones, Southwick, Engelhardt (Per Curiam)

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Claims
• Fraud
• Discharge/Dischargeability
• Commercial Fraud
• 11 U.S.C § 523(a)
• 11 U.S.C. § 727(a

Offcl Comm v. Walker Cty Hospital Corp.

• Summarized by J. Newman , Newman & Newman
• 3 years 5 months ago

Citation:

Case: 20-20572 (5th Circuit, Jul 12,2021) Published

Case Status:

Affirmed

Ruling:

A creditor disputes last-minute modifications to the terms of a bankruptcy sale. The Court ruled that § 363(m) forecloses the creditor’s appeal because it failed to seek the required stay of the...

Judge(s):

Jolly, Duncan, and Oldham, Circuit Judges

Tag(s):

• 5th Circuit
• Asset Sales
• FED. R. BANKR. P. 6004(h)
• 11 U.S.C § 363(m)

Firefighters' Retmnt, et al v. Citco Grp, et al

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

Citation:

20-30654 (5th Circuit, Mar 31,2021) Not Published

Case Status:

Affirmed

Ruling:

Pension-plan plaintiffs poured out. Fifth Circuit affirmed District Court's summary judgment for defendant entities that provided administrative and lending services to a now-bankrupt hedge fund. ...

Judge(s):

Owen, Graves, Ho

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Fraud
• Commercial Fraud

Morgan v. Regions Bank

• Summarized by Kristin Jain , Jain Law & Associates PLLC
• 3 years 9 months ago

Citation:

20-20358 (5th Circuit, Mar 26,2021) Not Published

Case Status:

Affirmed

Ruling:

On the record before the Court, the Court was not left with a "firm and definite conviction" that the Bankruptcy Court erred in its denial of the homestead exemption.

Judge(s):

King, Smith, and Haynes

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• N/A
• N/A

Edwards Family Partnership, et al v. Johnson, et a

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

Citation:

20-60728 (5th Circuit, Mar 05,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Fifth Circuit (Circuit) reversed an order of the district court (DC), which had vacated fees awarded by the bankruptcy court (BC) to the counsel of the debtor (DR)...

Judge(s):

Jennifer W. Elrod; Don R. Willett; and Kurt D. Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Fed. R. Bankr. P. 7008
• 11 U.S.C. §§ 327
• 328
• 329
• 330

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