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Summaries by Steven Holmes
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 2 years 5 months ago
- Citation:
- 23-50163 (5th Circuit, Oct 20,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- Business debt to bank is dischargeable under facts of this case, which failed to establish the required elements under 523(a), namely: (a) a reasonable investigation would have revealed prior...
- Judge(s):
- Higginbotham, Stewart, and Southwick (Per Curium)
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 3 years 8 months ago
- Citation:
- 21-20557 (5th Circuit, Jul 29,2022) Published
- Case Status:
- Affirmed
- Ruling:
- Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
- Judge(s):
- Smith, Wiener, and Southwick
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 3 years 12 months ago
- Citation:
- 21-20049 (5th Circuit, Apr 01,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed the District Court's dismissal of a challenge, asserted by a former shareholder of the Debtor, to the bankruptcy court's Chapter 11 confirmation order, finding in part that: "if the...
- Judge(s):
- Higginson, Willett, and Ho.
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 4 years 1 month ago
- Ruling:
- The Fifth Circuit certified questions of Texas state law to the Texas Supreme Court regarding permissibility of alcohol permit transfer(s) as part of a proposed sale.
- Judge(s):
- King, Costa, and Willett, Circuit Judges.
- Tag(s):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 6 years 5 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, PC
- 7 years 7 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, PC
- 8 years 9 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, PC
- 10 years 2 weeks 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, PC
- 10 years 8 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, PC
- 10 years 9 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):
-
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