Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
11 years 2 months ago
Citation:
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling:
All four rulings of the District Court were upheld:
(1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or...
Judge(s):
Fifth Circuit Court Judges King, Dennis and Clement
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
11 years 5 months ago
Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
The Fifth Circuit Panel affirmed numerous rulings of the District Court which resulted in a Litigation Trust Trustee losing on all fronts in a substantial federal court lawsuit he had brought...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
12 years 7 months ago
Citation:
Case No. 12-16371 (11th Cir. July 15, 2013) [Not for Publication]
Ruling:
Chapter 7 Trustee's business judgment to close estate as a "no asset" and not sell or settle Michigan Judgment was within his business judgment under Section 544(a) and District Court deference to...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
12 years 10 months ago
Citation:
In the Matter of Escarent Entities, LP/ Smyth v Simeon Land Development, LLC et.al., Case No. 12-50297 (5th Cir. 2013)UNPUBLISHED
Ruling:
Following In re Gilchrist, 891 F. 2d 559, 560, the Circuit Court affirmed the District Court's holding that the appeal of a sale order of the Bankruptcy Court was moot as Appellant had not obtained...
Judge(s):
DeMoss, Owen and Haynes. Judge Haynes concurred in the judgment only.
Because the layoffs of all employees by Flexible Flyer on the date it filed bankruptcy were shown to have been caused by the abrupt unavailablity of operating funds, which were completely...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 4 months ago
Citation:
5th Cir. La. W.D. No. 3:090-CV-573 UNPUBLISHED
Ruling:
Appeal of denial of Motion to Disqualify BankruptcyJudge Hunter was dismissed as it is not an appealable final order under 28 U.S.C. Section 1291, nor an appealable interlocutory order under 28 USC...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 6 months ago
Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
U.S. Bankruptcy Court, N.D. Texas, Ft. Worth Division ruling granting $1million fee enhancement was affirmed on the basis that the U.S. Supreme Court's decision in Perdue v. Kenny A, 130 S.Ct. 1662...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 7 months ago
Citation:
5th Cir. Tex. W.D. No. 5;20-CV-1031 UNPUBLISHED
Ruling:
Bankruptcy Court did not abuse its discretion in waiting to determine whether setoff was warranted before ordering payments from the bankruptcy estate for child support as it reasonably believed...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 11 months ago
Citation:
Cantu v International Bank of Commerce (In re Cantu) (5th Cir. S.D. Tex. Mar. 2012)(unpublished)
Ruling:
Section 348(d) did not transform a lien on the Debtor's post-petition receivables, arising from a settlement approved by the Bankruptcy Court prior to conversion, into one treated as existing...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
14 years 1 month ago
Citation:
In the Matter of Marvin E. Moye, JMW Auto Sales; Joan M. Moye/ Waite v Cage/ 5th Cir
Ruling:
A judgement in favor of Trustee on Preference Claims pursuant to 547(b) against Waite, Jr. and Waite, III was affirmed. Agreeing with the District Court, the Fifth Circuit found that an...
