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