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Summaries by Walter Newman
- Citation:
- No. 18-60368 (5th Circuit, May 01,2019) Published
- Case Status:
- Affirmed
- Ruling:
- AFFIRM the district court’s judgment affirming the bankruptcy court’s decision granting the Trustee’s motion to approve auction and for authority to sell certain real property of the...
- Judge(s):
- STEWART, Chief Judge, and DAVIS and ELROD, Circuit Judges
- Tag(s):
-
- Citation:
- No. 18-10090 (5th Circuit, Apr 10,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The court first consider the choice-of-law issue. The court rejected the Nurseries’ arguments that the district court erred
in determining the law applicable to the parties’ lien dispute. On...
- Judge(s):
- SMITH, DUNCAN, and ENGELHARDT, Circuit Judges.
- Tag(s):
-
- Summarized by Walter Newman , Newman & Newman
- 2 months 2 weeks ago
- Citation:
- 16-60728 (5th Circuit, Mar 06,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Court held that Shelton made material misrepresentations when
he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
- Judge(s):
- JOLLY, JONES, and HAYNES
- Tag(s):
-
- Citation:
- 18-31011 (5th Circuit, Feb 18,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- As the bankruptcy court held, Free’s retention of Turkey Creek Appraisal’s profits after James Winborne’s death was intentional, willful, and malicious. Miller v. J.B. Abrams, Inc. (In re...
- Judge(s):
- KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
- Tag(s):
-
- Ruling:
- Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
- Judge(s):
- DAVIS, ENGELHARDT, and OLDHAM, Circuit Judges
- Tag(s):
-
- Summarized by Walter Newman , Newman & Newman
- 9 months 2 weeks ago
- 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):
-
- 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):
-
- Summarized by Walter Newman , Newman & Newman
- 1 year 4 months ago
- 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):
-
- Summarized by Walter Newman , Newman & Newman
- 1 year 6 months ago
- 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):
-
- Summarized by Walter Newman , Newman & Newman
- 1 year 6 months ago
- 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):
-
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