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Summaries by J. Eric Lockridge
- Ruling:
- A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
- Judge(s):
- Oldham, Clement, Duncan
- Tag(s):
-
- Citation:
- 18-10900 (5th Circuit, Jul 05,2019) Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
- Judge(s):
- Owen, Southwick, Higginson
- Tag(s):
-
- Ruling:
- Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
- Judge(s):
- Jolly, Jones, Dennis
- Tag(s):
-
- Citation:
- 17-20603 (5th Circuit, Jun 20,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
- Judge(s):
- Willett, Smith, Wiener
- Tag(s):
-
- Citation:
- 17-40710 (5th Circuit, Jun 14,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the...
- Judge(s):
- Higginbotham, Jones, and Smith
- Tag(s):
-
- Ruling:
- For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
- Judge(s):
- Owen, Wiener, and Prado
- Tag(s):
-
- Citation:
- 16-40830 (5th Circuit, Jun 20,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
- Judge(s):
- Barksdale, Graves and Higginson (per curiam)
- Tag(s):
-
- Ruling:
- Contractual payments due during the sixty-day notice period prior to the termination of a contract are "assets" under the Texas Uniform Fraudulent Transfer Act's ("TUFTA's") broad definition, and...
- Judge(s):
- Higginbotham, Dennis, and Clement
- Tag(s):
-
- Citation:
- Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.), Case No. 15-20243 (5th Cir. Oct. 12, 2016) (unpublished)
- Ruling:
- Affirmed contempt order and sanctions award against attorney and financial advisor for contacting witnesses without permission in violation of the bankruptcy court's preliminary injunction.
- Judge(s):
- Elrod, Graves, Costa
- Tag(s):
-
- Citation:
- Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).
- Ruling:
- Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed...
- Judge(s):
- King, Clement, Owen
- Tag(s):
-
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