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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

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Summaries by Walter Newman

Imperium Insurance Company v. Shelton & Associates

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):

Free v. Winborne (In re: Free)

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):

Ultra Petroleum Corp., et al v. Ad Hoc Committee of Unsecured Creditors of Ultra Resources Inc. (In re Ultra Petroleum Corp.)

Citation:
No. 17-20793 (5th Circuit, Jan 17,2019) Published
Case Status:
Reversed and Remanded
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):

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):

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