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Summaries by Steven Holmes

Martinez v. OGA Charters, L.L.C.

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):

Novoa v. Minjarez (In the Matter of Novoa)

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):

Schermerhorn, et al. v. Kubbernus, et al. (In the Matter of Skyport Global Communication, Inc.)

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):

Riverbend Condominium Assoc. v. Green (In the Matter of Green)

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):

Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

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No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication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):

Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

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):

Spicer v. Navistar Defense (In re Westbrook)

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):

Wren Alexander Investments, L.L.C. v. IRS (In re Wren Alexander Investments, L.L.C.)

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):

Beaulieu v. Ragos (In re Ragos)

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):

McMaster v. Small (In re Small)

Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Judge(s):
Stewart, Elrod and Southwick per curiam.
Tag(s):

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