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Summaries by Leslie Hyman

Waldron v. Adams & Reese, L.L.P. (In re American International Refinery, Inc.)

Citation:
No. 11-30462 (5th Cir. March 2, 2012)
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that a law firm that failed to disclose prior transactional assistance to a debtor and was paid a retainer for bankruptcy representation through...
Judge(s):
The Honorable Fortunato Benavides, Carl Stewart, and James Graves, Jr.
Tag(s):

Aetna Life Insurance Co. v. Kollmeyer (In re Heritage Southwest Medical Group PA)

Citation:
No. 11-10396 (5th Cir. Mar. 9 2012)
Ruling:
The Fifth Circuit affirmed the district court’s order affirming the bankruptcy court’s decision not to dismiss the plaintiffs’ case pursuant to Federal Rule of Civil Procedure 41(b),...
Judge(s):
Judge Carolyn Dineen King, Judge Fortunato P. Benavides, and Judge W. Eugene Dennis
Tag(s):

Reed v. City of Arlington

Citation:
No. 08-11098 (5th Cir. Aug. 11, 2011) (en banc)
Ruling:
“[A]bsent unusual circumstances, an innocent trustee can pursue for the benefit of creditors a judgment or cause of action that the debtor fails to disclose in bankruptcy." The Court held that...
Tag(s):

Conway v. United States

Citation:
No. 10-40485 (5th Cir. July 19, 2011)
Ruling:
Pursuant to 26 U.S.C. § 6672, the CEO of an airline is personally responsible for excise taxes the airline collected from passengers during his tenure but did not turn over to the United States. ...
Judge(s):
E. Grady Jolly, Catharina Haynes, and James E. Graves, Jr.
Tag(s):

Pierrotti v. IRS (In re Pierrotti)

Citation:
No. 10-31048 (5th Cir. June 22, 2011)
Ruling:
The Fifth Circuit ruled that a debt that is already due and payable before a Chapter 13 bankruptcy filing may not be “maintained” under 11 U.S.C. § 1322(b)(5). The court concluded that...
Tag(s):

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