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Summaries by Walter Newman

Bennett v. Lindsey

Citation:
No. 17-50746 (5th Circuit, Jul 11,2018) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit found that "even assuming that Bennett properly requested leave to amend, he did not file a proposed amended complaint in accordance with Local Rule 7015 for the Western District...
Judge(s):
DAVIS, HAYNES, and DUNCAN, Circuit Judges.
Tag(s):

UTSA Apartments, L.L.C. v. UTSA Apartments 8, L.L.C.

Citation:
No. 17-50893 (5th Circuit, Mar 27,2018) Published
Case Status:
Reversed and Remanded
Ruling:
REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...
Judge(s):
HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges
Tag(s):

Wright v. Kite Bros., L.L.C.

Citation:
No. 17-30450 (5th Circuit, Jan 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The judgment of the district court is AFFIRMED and Appellees’ Motion for Sanctions is GRANTED IN PART.
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

Law Offices of Michael R. Nevarez v. Monge (In the Matter of Monge)

Citation:
No. 17-50319 (5th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
Appellees’ opposed motion to dismiss appeal is GRANTED. Appellant’s motion for sanctions is DENIED. Appellant’s motion to supplement the record is DENIED.
Judge(s):
DAVIS, CLEMENT, and COSTA
Tag(s):

Tow v. Bulmahn (In the Matter of ATP Oil & Gas Corp.)

Citation:
No. 17-30077 (5th Circuit, Oct 27,2017) Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the district court’s judgment that the Trustee failed to state a plausible claim upon which relief can be granted. It also held that the district court did not abuse its...
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

Khan v. Xenon Health, LLC (In the Matter of Xenon Anesthesia of Texas, PLLC)

Citation:
No. 17-20156 (5th Circuit, Oct 16,2017) Not Published
Case Status:
Affirmed
Ruling:
Khan withdrew his proof of claim and currently has no ownership interest in Xenon Texas. Accordingly, he is not a party in interest and has no standing to object to Xenon Health’s proof of claim.
Judge(s):
KING, ELROD, and HIGGINSON, Circuit Judges
Tag(s):

Wiggains v. Reed (In the Matter of Wiggains)

Citation:
No. 15-11249 (5th Circuit, Feb 14,2017) Published
Case Status:
Affirmed
Ruling:
When it became clear that Mr. Wiggains would file bankruptcy to satisfy his outstanding debts, the couple entertained various options and made their best estimate on ultimate financial benefits by...
Judge(s):
JOLLY, BARKSDALE, and SOUTHWICK
Tag(s):

Bandi v. Becnel (In the Matter of Bandi

Citation:
No. 16-30633 (5th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Fifth Circuit AFFIRMED the decision of the district court. "To the extent that the Bandis have now shifted the focus of their argument to a due process challenge...
Judge(s):
REAVLEY, OWEN, and ELROD
Tag(s):

Netsch v. Sherman (In the Matter of Prism Graphics, Inc.)

Citation:
No. 16-10432 (5th Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

Held that the district court did not abuse its discretion in affirming the bankruptcy court’s denial of the motion to extend time. 

Judge(s):
HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges for the 5th Circuit
Tag(s):

WBCMT 2007 C33 Office 9720, L.L.C.

Citation:
No. 15-20086 (5th Circuit, Dec 22,2016) Published
Case Status:
Reversed and Rendered
Ruling:

NNN Realty’s interpretation of “Borrower” as limited to all borrowing entities collectively creates various absurdities throughout the Guaranty—so much so that the interpretation...

Judge(s):
JONES, DENNIS, and PRADO
Tag(s):

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