Home » 5th Circuit

Freddie Brown v. Mary Viegelahn

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 4 years 7 months ago
Citation:
19-50177 (5th Circuit, Jun 08,2020) Published
Case Status:
Reversed and Remanded
Ruling:
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
Judge(s):
Southwick, Graves and Englehardt
Tag(s):

David Schum v. Fortress Value Recovery Fund I, et

Citation:
20-10016 (5th Circuit, May 18,2020) Not Published
Case Status:
Affirmed
Ruling:
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and...
Judge(s):
DAVIS, SMITH, and HIGGINSON
Tag(s):

Nelson Rivers v. Larry Galloway

Citation:
19-30910 (5th Circuit, May 08,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A statement made by an attorney in court is not sufficient for the court to impose sanctions for attorney misconduct unless the court finds, by clear and convincing evidence, that the statement was...
Judge(s):
JONES, ELROD, and HIGGINSON
Tag(s):

Jinil Steel Company, Limited v. Valuepart, Incorporated

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 4 years 9 months ago
Citation:
19-10461 (5th Circuit, Mar 20,2020) Not Published
Case Status:
Affirmed
Ruling:
Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...
Judge(s):
Clement, Higginson, Engelhardt
Tag(s):

Misty Brady v. Maxus Healthcare Partners, et al

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 4 years 10 months ago
Citation:
19-10974 (5th Circuit, Mar 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
Judge(s):
HIGGINBOTHAM, HO, and ENGELHARDT
Tag(s):

Joseph Hill v. Raquel King

  • Summarized by J. Newman , Newman & Newman
  • 4 years 10 months ago
Citation:
No. 19-20492 (5th Circuit, Feb 26,2020) Published
Case Status:
Affirmed
Ruling:
Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
Judge(s):
Before DENNIS, GRAVES and WILLETT, Circuit Judges.
Tag(s):

USA v. John Chesteen, Jr.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 4 years 10 months ago
Citation:
19-30195 (5th Circuit, Feb 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
Judge(s):
Owen, Barksdale and Duncan
Tag(s):

Trendsetter HR L.L.C., et al v. Zurich American In

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 4 years 11 months ago
Citation:
19-10056 (5th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
(1) The bankruptcy court did not err by awarding the creditor both unpaid invoices and future claims. (2) The creditor's unpaid-invoices claim is recognized under applicable state law, and thus...
Judge(s):
ELROD, WILLETT, and OLDHAM
Tag(s):

Wal-Mart Stores, Incorporated, et al v. Tobin Park

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 4 years 12 months ago
Citation:
18-30378 (5th Circuit, Jan 08,2020) Not Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
Judge(s):
Owen, Weiner and Dennis
Tag(s):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

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