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Summaries by Craig Geno

Inmarsat Global v. SpeedCast Intl

Citation:
22-20274 (5th Circuit, Aug 03,2023) Published
Case Status:
Affirmed
Ruling:
The 5th circuit held that the contracts that were at issue were not ambiguous. And, the definitions of critical terms contained within the contracts (that were the central focus of the disputes)...
Judge(s):
Barksdale, Southwick and Higginson
Tag(s):

James Quezada, et al v. IRS

Citation:
19-51000 (5th Circuit, Dec 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Taxpayer/Debtor filed IRS forms 1040 and 1099 which contained data sufficient to show the taxpayer was liable for certain backup-withholding taxes. Those forms constituted a "return" that began the...
Judge(s):
Jolly, Jones and Willet
Tag(s):

Lloyd Ward v. Robert Yaquinto, et al

Citation:
18-10469 (5th Circuit, Oct 23,2020) Published
Case Status:
Affirmed
Ruling:
(1)-Bankruptcy Court had the equitable power under Section 105 (a) to correct any error it may have made in changing the date for the first creditors' meeting after the case was transferred from...
Judge(s):
Owen, Clement and Ho
Tag(s):

Freddie Brown v. Mary Viegelahn

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):

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

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):

Dana French v. Linn Energy, L.L.C., et al

Citation:
18-40369 (5th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
Claimant asserted claims for, among other things, "deemed dividends". The Court held that the deemed dividends gave the Claimant benefits normally reserved for equity investors, and, as a result,...
Judge(s):
Clement, Haynes and Willett
Tag(s):

UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

Citation:
18=40443 (5th Circuit, Jun 14,2019) Published
Case Status:
Affirmed
Ruling:
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
Judge(s):
Stewart, Southwick and Engelhardt
Tag(s):

Law Solutions Chicago, L.L.C. v. United States Trustee (In re Lillie Mae Banks)

Citation:
18-31145 Summary Calendar (5th Circuit, May 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Per Curiam-"In what should have been a simple and straightforward bankruptcy matter, the Appellant [debtor's law firm] misled and neglected the debtor for approximately two years. Considering the...
Judge(s):
Smith, Weiner and Willett
Tag(s):

Deeprock Venture Partners, L.P. v. Beach

Citation:
17-10481 (5th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court's granting of a Rule 9019 settlement was affirmed by the Fifth Circuit. The opinion discusses, in detail, the standards for approving settlement and compromises in the Fifth...
Judge(s):
Stewart, Haynes and Willett
Tag(s):

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