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Summaries by J Newman
- Summarized by J Newman , Newman & Newman
- 1 week 6 days ago
- Citation:
- No. 19-51047 (5th Circuit, Jun 17,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Court DISMISSED the appeal for lack of jurisdiction over the orders denying Stone’s emergency motion to set aside foreclosure sale and the order denying the imposition of stay and AFFIRMED...
- Judge(s):
- KING, GRAVES, and WILLETT
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 4 months 1 week ago
- Citation:
- No. 19-20492 (5th Circuit, Feb 26,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
- Judge(s):
- Before DENNIS, GRAVES and WILLETT, Circuit Judges.
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 6 months 3 weeks ago
- Ruling:
- it is for the arbitrator—not (the court)—to decide whether Willis’s TILA claim is arbitrable. It is similarly the arbitrator’s province to resolve the inconsistent procedural terms....
- Judge(s):
- OWEN, Chief Judge, SMITH and DENNIS, Circuit Judges
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 11 months 3 weeks ago
- Citation:
- . 18-20394 (5th Circuit, Jul 11,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
- Judge(s):
- HAYNES, GRAVES, and DUNCAN,
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 1 month ago
- Ruling:
- AFFIRM the district court’s judgment of dismissal as to Counts 5, 8,
11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
- Judge(s):
- ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 2 months ago
- 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):
-
- Summarized by J Newman , Newman & Newman
- 1 year 2 months ago
- 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 J Newman , Newman & Newman
- 1 year 3 months 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):
-
- Summarized by J Newman , Newman & Newman
- 1 year 4 months ago
- 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):
-
- Summarized by J Newman , Newman & Newman
- 1 year 5 months ago
- 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):
-
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