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Summaries by Steven Holmes
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 1 year 4 months ago
- Citation:
- 18-20809 (5th Circuit, Oct 17,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy Courts have discretion to refuse to compel arbitration of discharge disputes. The Fifth Circuit followed its prior rulings in In re National Gypsum and In re Gandy and found: (1)...
- Judge(s):
- King, Higginson and Duncan
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 2 years 6 months ago
- Citation:
- 17-40920 (5th Circuit, Aug 24,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- The proceeds of a liability insurance policy are estate property when claims against the policy exceed policy limits.
In affirming the bankruptcy court's ruling, the Fifth Circuit explained...
- Judge(s):
- REAVLEY, GRAVES, and COSTA.
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 3 years 8 months ago
- Citation:
- No. 16-50955 (5th Circuit, Jun 05,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
- Judge(s):
- REAVLEY, HAYNES, and COSTA (per curiam)
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 4 years 11 months ago
- Citation:
- Schermerhorn, et. al. v. Kubbernus, et. al. (In re Skyport Global Communication, Inc.), No. 15-20246 (5th Cir. March 14, 2016)
- Ruling:
- Bankruptcy Court’s imposition of inherent power sanctions against litigants who commenced state court litigation including derivative claims, which claims were barred by a confirmed plan of...
- Judge(s):
- KING, CLEMENT and OWEN
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 5 years 7 months ago
- Citation:
- Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
- Ruling:
- Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a...
- Judge(s):
- KING, SMITH, and ELROD, PER CURIAM
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 5 years 8 months ago
- Citation:
- No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
- Ruling:
- Affirmed.
- Judge(s):
- HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 5 years 10 months ago
- Citation:
- Case No. 14-10768 (5th Cir. April 23, 2015)
- Ruling:
- Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent...
- Judge(s):
- REAVLEY, JONES, and ELROD, Circuit Judges.
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 6 years 9 months ago
- Citation:
- United States ex rel. Spicer v. Navistar Defense, LLC (In re Westbrook), Case No. 12-10858 (5th Cir. May 5, 2014).
- Ruling:
- Chapter 7 Trustee of whistleblower / debtor’s estate had exclusive standing to prosecute a qui tam False Claims Act against manufacturer of military vehicles when debtor failed to disclose the...
- Judge(s):
- Jerry Edwin Smith, Edward C. Prado and Jennifer Walker Elrod.
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 7 years 8 months ago
- Citation:
- Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)
- Ruling:
- Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...
- Judge(s):
- GARZA, SOUTHWICK and HAYNES. PER CURIAM.
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
- 8 years 3 months ago
- Citation:
- Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
- Ruling:
- Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
- Judge(s):
- Davis, Dennis and Haynes
- Tag(s):
-
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