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Summaries by John Jones

Passmore v. Baylor Health Care System

Citation:
Case No. 15-10358 (May 19, 2016 5th Cir.)
Ruling:
REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section...
Judge(s):
Davis, Barksdale and Dennis, Circuit Judges.
Tag(s):

Southwest Securities, FSB v. Segner, Jr.

Citation:
Case No. 14-41463 (5th Cir. Dec. 29, 2015)
Ruling:
AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the...
Judge(s):
Benavides, Dennis and Costa, Circuit Judges.
Tag(s):

Wheeler v. Collier (In the Matter of Wheeler)

Citation:
Case No. 14-30961 (5th Cir. Mar. 4, 2005)
Ruling:
Fifth Circuit VACATED district court order insofar as it issued criminal sanctions and enjoined law firm because the minute entry was not sufficient notice that the hearing was being held for...
Judge(s):
Smith, Prado and Owen, Circuit Judges
Tag(s):

Trang v. Taylor Bean & Whitaker Mortgage Corp.

Citation:
Case No. 14-50281 (5th Cir. Jan. 7, 2015)
Ruling:
AFFIRMED district court refusal to remand case because non-diverse defendant was improperly joined as there was no reasonable basis for the district court to predict that the plaintiff might be...
Judge(s):
Circuit Judges King, Jolly and Haynes.
Tag(s):

Thaw v. Moser (In the Matter of Thaw)

Citation:
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling:
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the...
Judge(s):
King, Graves, and Higginson, Circuit Judges
Tag(s):

R. Galaz v. L. Galaz (In the Matter of L. Galaz)

Citation:
Case No. 13-50781 c/w 13-50783 (5th Cir. August 25, 2014)
Ruling:
VACATED and REMANDED by 5th Circuit. Subject matter jurisdiction is reviewed de novo. Held that Debtor's claim was indeed "related to" the bankruptcy case because it could increase the estate but...
Judge(s):
Higginbotham, Jones, and Prado, Circuit Judges
Tag(s):

Viegelahn v. Harris, III (In the Matter of Harris, III)

Citation:
Case No. 13-50374 (5th Cir. July 7, 2014)
Ruling:
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...
Judge(s):
Benavides, Clement and Graves, Circuit Judges.
Tag(s):

Viegelahn v. Frost (In the Matter of Frost)

Citation:
Case No. 12-50811 (5th Cir. March 5, 2014)
Ruling:
AFFIRMED district court's rejection of debtor's argument that 11 U.S.C. 522 (c) & (l) and "snapshot rule" permanently exempted homestead and its proceeds from post-certification sale of exempted...
Judge(s):
Stewart, Chief Judge, and DeMoss and Clement, Circuit Judges.
Tag(s):

Baker v. Trustee Cage (In the matter of Whitley)

Citation:
Case No. 12-41125 (5th Cir. December 16, 2013)
Ruling:
Reversed and Remanded the order disgorging two properties transferred from Debtor to Debtor's counsel and held that while the Bankruptcy Code seeks to protect debtors and their estates from...
Judge(s):
Higginbotham, Owen, and Higginson, Circuit Judges
Tag(s):

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