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Summaries by Gregory Hesse
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 8 years 4 days ago
- Citation:
- ___ F.3d ___; Case No. 14-10900 (5th Cir. June 1, 2015)
- Ruling:
- The court of appeals affirmed the decision by the United States District Court for the Northern District of Texas to dismiss causes of action brought by reorganized debtors under Fed. R. Civ. P....
- Judge(s):
- Clement, Prado and Elrod
- Tag(s):
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- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 10 years 3 months ago
- Citation:
- No. 12-30525 (5th Cir. Feb. 6, 2013)
- Ruling:
- Debts incurred by debtor to former spouse for money loaned to debtor both before and during marriage were non-dischargeable pursuant to 11 U.S.C. Sec. 523(a)(15) because the divorse decree stated...
- Judge(s):
- Reavley, Prado and Elrod.
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 10 years 10 months ago
- Citation:
- U. S. v. Coney, Case No. 11-30387(5th Cir. July 24, 2012)
- Ruling:
- The chapter 7 discharge that was issued in favor of the defendants did not discharge their tax obligations because the debtors' conduct violated Sec. 523(a)(1)(C)("A discharge under Section 727 . ....
- Judge(s):
- Garza, Dennis and Higginson
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 10 years 11 months ago
- Citation:
- Bandi v. Becnel (In re Bandi), Case No. 11-30654 (5th Cir., June 12, 2012)
- Ruling:
- The Fifth Circuit affirmed the decisions of the United States District Court and the United States Bankruptcy Court for the Eastern District of Louisiana denying the dischargeability of a debt...
- Judge(s):
- Reavley, Prado and Owen.
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 11 years 10 months ago
- Ruling:
- 1. The District Court acted within its power when it issued a preliminary injunction prior to deciding an outstanding motion to compel arbitration.
2. The District Court did not abuse its...
- Judge(s):
- Stewart, Prado and Elrod
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 11 years 11 months ago
- Ruling:
- The Fifth Circuit held (1) the "settlor" of the spendthrift trust created for the benefit of the Debtor was only the Debtor's grandmother who is identified in the trust document as the "settlor"...
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 12 years 3 weeks ago
- Citation:
- No. 10-30576; 2011 WL 1839452 (5th Cir. May 13, 2011)
- Ruling:
- The sixty-day deadline under 28 U.S.C. Sec. 158(d)(2)(E) for certification requests to appeal from an interlocutory order is jurisdictional. Thus, failure to comply by with the deadline requires...
- Judge(s):
- Garza, Stewart and Haynes
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 12 years 4 months ago
- Citation:
- (5th Circuit, Dec 31,1969)
- Ruling:
- 1. Individual debtor living in the Western District of Texas for less than 730 days is required by the choice of law provision in Sec. 522(b)(3)(A) to use the exemption statutes of his previous...
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 12 years 6 months ago
- Citation:
- (5th Circuit, Dec 31,1969)
- Ruling:
- The issue before the court was whether a third-party lender who pays a debtor's ad valorem taxes and receives a transfer of the local taxing authority's tax lien under Texas law holds a tax claim...
- Tag(s):
-
- Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
- 12 years 9 months ago
- Citation:
- 400 B.R. 104 (Bankr. S.D. Tex. 2008), no cite at the district court level, no cite at the Fifth Circuit
- Ruling:
- State court judgment for intentional interference with a lawfirm's contract with a client did not establish a "willful and malicious injury" that, under 11 U.S.C. Sec. 523(a)(6), bars discharge of...
- Judge(s):
- King, Davis and Clement, Circuit Judges.
- Tag(s):
-