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Summaries by John Jones

McCoy v. Mississippi State Tax Commission (In re McCoy)

Citation:
Case No. 11-60146 (5th Cir. January 4, 2012)
Ruling:
In affirming the dismissal of an adversary complaint seeking a declaration that a state tax liability had been discharged, the 5th Circuit held that unless a late-filed tax return is filed under a...
Judge(s):
King, Jolly and Wiener, Circuit Judges
Tag(s):

Velazquez v. Countrywide Home Loans Servicing, L.P.

Citation:
Case No. 10-20609 (5th Cir. October 17, 2011)
Ruling:
Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Judge(s):
King, Davis and Garza, Circuit Judges
Tag(s):

Roberg v. Franchi (In re Franchi)

Citation:
No. 11-30088 (5th Cir. 2011) (Unpublished Opinion)
Ruling:
Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...
Judge(s):
Garza, Southwick and Haynes
Tag(s):

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