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...
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...
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...
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.
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)...
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...
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...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
9 years 12 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...
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...
