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Summaries by John Jones

Flugence v. Axis Surplus Insurance, et al. (In the Matter of Flugence)

Citation:
Case No. 13-30073 (5th Cir. Oct. 4, 2013)
Ruling:
The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...
Judge(s):
Smith, Dennis and Higginson, Circuit Judges
Tag(s):

Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

Citation:
Case No. 11-51106 (5th Cir. April 18, 2013)
Ruling:
AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket...
Judge(s):
Wiener, Clement, and Prado, Circuit Judges
Tag(s):

Clinton Growers v. Pilgrim's Pride Corp. (In re Pilgrim's Pride Corp.)

Citation:
Case No. 12-10063 (5th Cir. January 31, 2013)
Ruling:
AFFIRMED bankruptcy court's grant of summary judgment for Pilgrim's Pride Corporation ("PPC") on the ground that written contracts between PPC and Clinton Growers barred the alleged oral promises...
Judge(s):
DeMoss, Southwick, and Higginson, Circuit Judges
Tag(s):

ASARCO, L.L.C. v. Barclays Capital, Inc. (In re ASARCO, L.L.C.)

Citation:
Case No. 11-41010 (5th Cir. December 11, 2012)
Ruling:
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
Judge(s):
Wiener, Elrod and Southwick, Circuit Judges
Tag(s):

Ad Hoc Group of Vitro Noteholders v. Vitro SAB de CV (In re Vitro SAB de CV)

Citation:
Case No. 12-10542 (5th Cir. November 28, 2012)
Ruling:
AFFIRMED, in consolidated appeals arising from a Chapter 15 proceeding, district court's judgment recognizing the Mexican reorganization proceeding and appointment of foreign representatives and...
Judge(s):
King, Smith, and Barksdale, Circuit Judges
Tag(s):

Wells Fargo Bank, N.A. v. Oparaji (In re Oparaji)

Citation:
Case No. 11-20871 (5th Cir. October 5, 2012)
Ruling:
REVERSED and REMANDED Amended Order of United States District Court for the Southern District of Texas granting Debtor's motion for summary judgment on the theory of judicial estoppel and holding...
Judge(s):
Reavley, Smith and Clement, Circuit Judges
Tag(s):

Flores v. Bodden

Citation:
Case No. 11-40557 (5th Cir. June 15, 2012) (Not for Publication)
Ruling:
AFFIRMED the decision of the District Court for Southern District of Texas which found that (1) Bodden exercised complete control over Debtor RJMW Corporation so that he was the Debtor...
Judge(s):
King, Jolly and Graves, Circuit Judges
Tag(s):

Technical Automation Services Corp. v. Liberty Surplus Insurance Corp.

Citation:
Case No. 10-20640 (5th Cir. March 5, 2012)
Ruling:
The Fifth Circuit declined to extend Stern v. Marshall's limitation on bankruptcy court jurisdiction to magistrate judges and held magistrate judge had authority under Federal Magistrates Act to...
Judge(s):
King, Jolly and Wiener, Circuit Judges
Tag(s):

Shcolnik v. Rapid Settlements Ltd. (In re Shcolnik)

Citation:
Case No. 10-20800 (5th Cir. February 8, 2012)
Ruling:
The 5th Circuit reversed and remanded granting of summary judgment in Debtor Shcolnik's favor on issue of willful and malicous injury under 11 U.S.C. 523(a)(6) if Debtor's claims of ownership were...
Judge(s):
Chief Judge Jones, Circuit Judges Haynes and Crone
Tag(s):

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