Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 1 month ago
Citation:
Fifth Circuit;No. 15-10274
Ruling:
Trustee in preference litigation failed to satisfy the "source" aspect of the El Paso Refining case from the Fifth Circuit and thus did not establish the requirement of Section 547 (b)(5) so that...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 2 months ago
Citation:
Fifth Circuit;No. 15-50455
Ruling:
The doctrines of res judicata and collateral estoppel were not applicable to a party which advocated very different valuations for the same property in different contexts (value for confirmation...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 6 months ago
Citation:
Fifth Circuit; No.14-10999
Ruling:
Chapter 13 debtor who filed False Claims Act litigation while in the third year of a confirmed five year Chapter 13 plan, was judicially estopped from pursuing those claims because he failed to...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 7 months ago
Citation:
No. 14-30857; Fifth Circuit
Ruling:
The Fifth Circuit ruled that there is a limited exception to the "nonreviewability" provisions of remand orders under 28 USC Sections 1334(c)(1) and 1452(b), where the removed case involves a...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 9 months ago
Citation:
Fifth Circuit
Ruling:
In an unpublished opinion, the Fifth Circuit ruled that an appeal of the Bankruptcy Court's order approving a sale of assets under 11 USC Section 363 was moot. The appellant had not obtained a stay...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 9 months ago
Citation:
Fifth Circuit No. 14-40762
Ruling:
The Fifth Circuit ruled that a professional negligence claim that accrued during the pendency of the debtors' Chapter 11 case was property of the Chapter 7 estate when the Chapter 11 case...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 9 months ago
Citation:
In the Matter of American Housing Foundation; Fifth Circuit; No. 14-10563
Ruling:
In a complex factual setting, where the transactions were poorly documented, the Appellant Templeton "invested" over $2million in limited partnerships that were affiliates of the Debtor. The...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 11 months ago
Citation:
Fifth Circuit No. 14-20024
Ruling:
Civil action originally filed in district court was dismissed by the district court due to lack of subject matter jurisdiction because "the bankruptcy court's jurisdiction is implicated pursuant to...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 12 months ago
Citation:
Fifth Circuit; No. 13-11305
Ruling:
The Golf Channel extended marketing services and advertising to the Stanford International Bank Ponzi scheme and was paid $5.9 million under its agreement with Stanford. Subsequently, the District...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 3 months ago
Citation:
Harvey Morton, Trustee v. Yonkers, et. al; No. 13-10926
Ruling:
Chapter 11 trustee could not void overriding royalty interests in a gas lease on lands belonging to the Navajo Nation based solely on the fact that the Navajo Nation had not approved the transfers...
