ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
Summaries by Paul Stewart
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 1 year 1 month ago
- Ruling:
- The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
- Judge(s):
- Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 4 years 3 months ago
- Ruling:
- Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
- Judge(s):
- Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 6 years 6 months ago
- Citation:
- 16-30996 (5th Circuit, Mar 13,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
- Judge(s):
- Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 7 years 6 months ago
- Citation:
- No. 14-51079 Fifth Circuit Court of Appeals
- Ruling:
- Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
- Judge(s):
- Before REAVLEY, PRADO, and COSTA, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 7 years 8 months ago
- Citation:
- No. 14-11355, fifth Circuit Court of Appeals
- Ruling:
- Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain
assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
- Judge(s):
- HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 7 years 12 months ago
- Citation:
- CTA5 No. 15-40321
- Ruling:
- Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for...
- Judge(s):
- Before REAVLEY, ELROD and HAYNES, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 8 years 1 month ago
- Citation:
- Fifth Circuit Court of Appeals; No. 13-10120
- Ruling:
- The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a...
- Judge(s):
- Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 8 years 4 months ago
- Citation:
- Fifth Circuit Court of Appeals docket number 14-40423
- Ruling:
- The Barton doctrine - that before suit may be brought against a trustee leave of the court by which she was appointed must be obtained - continues in effect in the Fifth Circuit notwithstanding...
- Judge(s):
- Before Stewart, Chief Judge, and Southwick and Costa, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 8 years 5 months ago
- Citation:
- 5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
- Ruling:
- Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable...
- Judge(s):
- Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
- Tag(s):
-
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 8 years 6 months ago
- Ruling:
- Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was...
- Judge(s):
- Before SMITH, PRADO, and OWEN, Circuit Judges.
- Tag(s):
-
Pages
