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Summaries by Steven Holmes
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 10 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, PC
- 11 years 10 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, PC
- 12 years 9 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, PC
- 13 years 4 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):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 13 years 6 months ago
- 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- Case No. 11-40888, Decided August 16, 2012 (Unpublished)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):
-
- Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
- 13 years 11 months ago
- Citation:
- Case No. 11-10070 (5th Cir. March 20, 2012).
- Ruling:
- Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...
- Judge(s):
- Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.
- Tag(s):
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