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Summaries by J Newman

Rodney Tow v. Organo Gold Intl, Inc., et al

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):

Life Partners Creditors' Trust, et al v. James Sun

Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
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):

Gluckstadt Holdings, L.L.C. v. VCR I, L.L.C.

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):

Fishback Nursery, Incorporated, et al v. PNC Bank

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):

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):

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