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Summaries by J Newman

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):

Rozelle v. Lowe (In the Matter of Rozelle)

Citation:
No. 16-50444 (5th Circuit, Dec 19,2016) Not Published
Case Status:
Affirmed
Ruling:

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R....

Judge(s):
KING, DENNIS, and COSTA
Tag(s):

Husky International Electronics, Inc. v. Ritz, Jr. (In the Matter of Ritz, Jr.)

Citation:
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-20526
Ruling:
Following the Supreme Court decision in Husky International Electronics Inc. v. Ritz, the Fifth Circuit made a so-called Erie guess by holding that a transfer made with actual intent to defraud...
Judge(s):
STEWART, Chief Judge, and KING and ELROD, Circuit Judges.
Tag(s):

Comu v. King Louie Mining, L.L.C., et al. (In re Comu)

Citation:
Fifth Circuit No. 15-10804 *Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4
Ruling:
“This Court reviews the district court’s decision by applying the same standard of review to the bankruptcy court’s conclusions of law and findings of fact that the district court applied.”...
Judge(s):
Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges *Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Tag(s):

Billings v. Propel Financial Services

Citation:
14-51326, consolidated with 15-50199, 15-50340, 15-50437 USCA Fifth Circuit
Ruling:
The transfer of a tax lien does not constitute an extension of “credit” that is subject to the Truth in Lending Act. In addition to TILA, this case concerns the Homeowner Equity and Protection...
Judge(s):
BARKSDALE, CLEMENT, and HAYNES, Circuit Judges.
Tag(s):

Judgement Factors L.L.C. v. Packer (In the Matter of: Packer)

Citation:
In Re Athol Packer, Judgement Factors, LLC Appellant v. Athol Packer, Appellee No.15-40826 March 10, 2016
Ruling:
Fifth Circuit Affirmed District Court which upheld the bankruptcy court granting summary judgment to Packer, holding that he did not act in any way that merited the denial of a discharge under §...
Judge(s):
King, Jolly, and Prado for 5th Circuit
Tag(s):

Thomas v. Mathenia (In re Asheru)

Citation:
(5th Circuit, Dec 31,1969)
Ruling:
Thomas did not brief his claim that the district court erred in referring the IFP motion to the bankruptcy court for the preparation of a report and recommendation and, thus, it is abandoned....
Judge(s):
WIENER, PRADO, and OWEN, Circuit Judges.
Tag(s):

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