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Summaries by J. Eric Lockridge
- Ruling:
- Res judicata does not bar a plaintiff from suing his former attorneys based on statements they allegedly made to him in connection with a settlement approved by the bankruptcy court. Under the...
- Judge(s):
- Ho, Dennis, Southwick
- Tag(s):
-
- Citation:
- 19-30926 (5th Circuit, Sep 03,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- The debtor confirmed a chapter 11 plan in 2009 granting creditor Bay Bridge an in rem claim against property to the extent Bay Bridge had an "allowed secured claim." Bay Bridge filed a proof of...
- Judge(s):
- King, Stewart, Southwick
- Tag(s):
-
- Citation:
- 19-20066 (5th Circuit, Aug 04,2020) Published
- Case Status:
- Affirmed
- Ruling:
- In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
- Judge(s):
- Costa, Davis, Smith
- Tag(s):
-
- 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):
-
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