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...
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...
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...
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...
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...
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...
Case No. 11-40557 (5th Cir. June 15, 2012) (Not for Publication)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...
The 5th Circuit, in a majority opinion over a strong dissent by Judge Haynes, affirmed summary judgment and dismissal granted by the district court in a separate proceeding based on the doctrine...
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...
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
