In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
Judge(s):
Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
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...
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
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
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...
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...
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
