Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 6 months ago
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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 7 months ago
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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 1 day ago
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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 2 months ago
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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 3 months ago
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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 4 months ago
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...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 5 months ago
Citation:
USA v. Prince No. 12-40286
Ruling:
The Fifth Circuit affirmed the District Court's evidentiary, effective assistance of counsel and Speedy Trial rulings and affirmed the appellant's convictions for bank fraud, money laundering,...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
13 years 3 weeks ago
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...