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Summaries by Paul Stewart

Collins v. Ebert, et al (In re: Maranatha Construction Co.)

Citation:
Collins v. Ebert, et al (In re: Maranatha Construction Co.), No. 13-11027 (5th Cir. April 2014).
Ruling:
The Fifth Circuit, in an unpublished opinion, affirmed the district court’s decision finding veil-piercing claims to be property of the Estate under 11 U.S.C. § 541(a)(1) and properly pursued by...
Judge(s):
Jerry E. Smith; Fortunato P. Benavides; and Edith Brown Clement
Tag(s):

BP RE, L.P. v. RML Waxachie Dodge, L.L.C.

Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
In the en banc poll, 6 judges voted in favor of rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Graves, and Higginson, and 8 judges voted against rehearing (Judges Jones, Smith,...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
Tag(s):

BP RE, L.P. v. RML Waxahachie Dodge, L.L.C.

Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
Adopting the Sixth Circuit's reasoning in Waldman v. Stone, 689 F.3d 910, 919 (6th Cir. 2012), cert. denied, 133 S. Ct. 1604 (2013), the Fifth Circuit ruled that bankruptcy courts are...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
Tag(s):

U.S. v. Theall

Citation:
Case No. 12-30457, 2013 U.S. App. LEXIS 10783 (5th Cir. May 29, 2013) (per curiam)
Ruling:
AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent with the opinion. The Fifth Circuit affirmed the convictions Thad and Theresa Theall for making false...
Judge(s):
DeMoss, Dennis and Prado
Tag(s):

Bosch v. Frost National Bank (In re 2646 South Loop West Limited Partnership)

Citation:
Bosch v. Frost National Bank, et al. (In re 22646 South Loop West Limited Partnership), No. 12-20135, Fifth Circuit Court of Appeals
Ruling:
Rule 8002(a) requires the filing of a notice of appeal from the bankruptcy court to the district court within 14 days of the date of the entry of the judgment or order. Because the Appellant filed...
Judge(s):
Before JOLLY, BENAVIDES, and DENNIS, Circuit Judges.
Tag(s):

Southwestern Electric Power Co. v. Committee of Certain Members of Cajun Electric (In re Cajun Electric Power Cooperative, Inc.)

Citation:
Southwestern Electric Power Company (SWEPCO) v. Committee of Certain Members of Cajun Electric (In re Cajun Electric Power Cooperative, Incorporated), No. 11-31022 2012 U.S. App. Lexis 13081 (5th Cir. 2012).
Ruling:
Fifth Circuit interpreted parties' 1997 agreement to preclude either party's entitlement to reimbursement from the other due to the plain meaning of the relevant terms in the agreement.
Judge(s):
Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM
Tag(s):

The American Cancer Society v. Cook

Citation:
Fifth Circuit Court of Appeals, Docket no. 10-10989
Ruling:
"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...
Judge(s):
Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.
Tag(s):

Ruby Robinson Co., Inc. v. Herr

Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
Tag(s):

Sandburg Financial Corp. v. American Rice, Inc. (In re American Rice, Inc.)

Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Judge(s):
Judges King, Smith and Graves
Tag(s):

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