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Summaries by Craig Geno

Williams v. Fed Deposit Ins Corp. (In the Matter of Positive Health Mgmt)

Citation:
Fifth Circuit; No. 12-20687
Ruling:
In a fraudulent conveyance case, "value" under 11 USC 548(c) is measured by the value that the transferee gave up as its side of the bargain-not the transferor's gain-in determining the "good...
Judge(s):
Stewart, Weiner and Costa
Tag(s):

Flooring Systems, Inc v. Chow (In the matter of Poston)

Citation:
Flooring Systems, Inc. v. Michelle Chow No. 13-41050
Ruling:
Preference period began when bank received a certified copy of a state court receivership order and turned over funds in an account to a creditor as a result of being served with the order. The...
Judge(s):
Davis, Smith and Benavides
Tag(s):

Connery v. Norsworthy

Citation:
Pamela J. Connery/Hazelwood d/b/a Real Estate Innovations, Inc. et al. vs. Norsworthy; in the United States Court of Appeals for the Fifth Circuit
Ruling:
Objections to lack of subject matter jurisdiction abandoned. And, the District Court had authority to reinstate a civil action after the debtor received a bankruptcy discharge [under 11 USC...
Judge(s):
Davis, Southwick and Higginson
Tag(s):

Wells Fargo Capital Finance, L.L.C. v. Noble, et al. (In the Matter of R.E. Loans, L.L.C.

Citation:
In the United States Court of Appeals for the Fifth Circuit, No. 13-10468
Ruling:
The appeal was dismissed as moot. The Court determined that an intervening factual event (the filing of a third Amended Complaint by the Appellant in a related state court proceeding)caused the...
Judge(s):
Reavley, Prado and Owens
Tag(s):

Shoshana Trust, et al. v. Ransom, et al. (In the Matter of Lothian Oil, Inc.)

Citation:
United States Court of Appeals for the Fifth Circuit; No. 12-50462
Ruling:
The bankruptcy court had core jurisdiction over Appellants' claims against an individual defendant but Appellants lacked standing to assert any remaining claims because the claims were transferred...
Judge(s):
Stewart, DeMoss and Clement
Tag(s):

Smith v. Gartley (In the Matter of Berman-Smith)

Citation:
In the United States Court of Appeals for the Fifth Circuit No. 13-50154
Ruling:
The statute defining jurisdiction over bankruptcy appeals (28 U.S.C. Section 158), expressly requires that a notice of appeal be filed under the time limit provided in Rule 8002 of the Bankruptcy...
Judge(s):
King, Benavides and Dennis
Tag(s):

First National Bank v. Crescent Electric Supply Co. (In re Renaissance Hospital Grand Prairie Inc.)

Citation:
Case Number 12-10386 Fifth Circuit Court of Appeals
Ruling:
The 5th Circuit upheld the District Court's reversal of the Bankruptcy Court's decision in a lien priority dispute between material suppliers/mechanics lien claimants and secured creditors, placing...
Judge(s):
Stewart, Davis and Clement
Tag(s):

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