Foster v. Holder (In the Matter of Foster)

Citation:
Case No. 15-10778; Case No. 10278 - NOT FOR PUBLICATION
Ruling:
Appeals DISMISSED as frivolous, but no damages awarded. First, the debtor's children (appellants) failed to present transcripts to the District and Fifth Circuit Court of Appeals to demonstrate...
Judge(s):
Per Curiam (Higginbotham, Elrod, Southwick)
Tag(s):

Black v. Shor, et al. (In the Matter of BNP Petroleum Corp., et al)

Citation:
Fifth Circuit;No. 15-40294
Ruling:
The Fifth Circuit affirmed the lower courts' rulings in finding that a purchaser of estate assets was a good faith purchaser and entitled to the benefits of 363(m) based upon the Trustee's efforts...
Judge(s):
Benavides, Dennis and Southwick
Tag(s):

Schermerhorn, et al. v. Kubbernus, et al. (In the Matter of Skyport Global Communication, Inc.)

Citation:
Schermerhorn, et. al. v. Kubbernus, et. al. (In re Skyport Global Communication, Inc.), No. 15-20246 (5th Cir. March 14, 2016)
Ruling:
Bankruptcy Court’s imposition of inherent power sanctions against litigants who commenced state court litigation including derivative claims, which claims were barred by a confirmed plan of...
Judge(s):
KING, CLEMENT and OWEN
Tag(s):

Judgement Factors L.L.C. v. Packer (In the Matter of: Packer)

Citation:
In Re Athol Packer, Judgement Factors, LLC Appellant v. Athol Packer, Appellee No.15-40826 March 10, 2016
Ruling:
Fifth Circuit Affirmed District Court which upheld the bankruptcy court granting summary judgment to Packer, holding that he did not act in any way that merited the denial of a discharge under §...
Judge(s):
King, Jolly, and Prado for 5th Circuit
Tag(s):

Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
Judge(s):
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
Tag(s):

Mandel v. Mastrogiovanni Schorsch & Mersky, et al.

Citation:
NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)
Ruling:
REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy...
Judge(s):
Per Curiam (Stewart, Owen and Costa)
Tag(s):

Krueger v. Torres (In re Krueger)

Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
Judge(s):
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
Tag(s):

Gold Star Construction, Incorporated v. Cavu/Rock Properties Project I, L.L.C.

Citation:
Fifth Circuit;No. 15-50455
Ruling:
The doctrines of res judicata and collateral estoppel were not applicable to a party which advocated very different valuations for the same property in different contexts (value for confirmation...
Judge(s):
KIng, Clement and Owen
Tag(s):

Southwest Securities, FSB v. Segner, Jr.

Citation:
Case No. 14-41463 (5th Cir. Dec. 29, 2015)
Ruling:
AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the...
Judge(s):
Benavides, Dennis and Costa, Circuit Judges.
Tag(s):

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