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Summaries by J. Eric Lockridge
- Ruling:
- Fifth Circuit reinstates a chapter 7 trustee's lawsuit against the Debtor's pre-petition state-court attorney for legal malpractice. The trustee's expert proffered an opinion on duty and breach as...
- Judge(s):
- Stewart, Willett, Oldham
- Tag(s):
-
- Citation:
- 21-10212 (5th Circuit, Aug 30,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
- Judge(s):
- Costa, Haynes, Jones
- Tag(s):
-
- Citation:
- 20-20623 c/w 21-20126 (5th Circuit, Mar 14,2022) Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Code does not require the debtor, an energy company whose primary business is the production of natural gas, to obtain FERC's approval of its chapter 11 plan or its decision to...
- Judge(s):
- King, Graves, Ho
- Tag(s):
-
- Citation:
- 20-40026, 20-40340 (5th Circuit, Aug 17,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...
- Judge(s):
- Jones, Southwick, Engelhardt (Per Curiam)
- Tag(s):
-
- Citation:
- 20-30654 (5th Circuit, Mar 31,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- Pension-plan plaintiffs poured out. Fifth Circuit affirmed District Court's summary judgment for defendant entities that provided administrative and lending services to a now-bankrupt hedge fund. ...
- Judge(s):
- Owen, Graves, Ho
- Tag(s):
-
- 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):
-
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