Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
10 years 9 months 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....
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 3 weeks 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...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 7 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 . ....
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 8 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...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 7 months ago
Citation:
No. 10-10617
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...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 8 months ago
Citation:
10-50462
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"...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 9 months 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...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
15 years 1 month 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...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
15 years 3 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...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
15 years 5 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...
