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Summaries by J. Eric Lockridge
- Citation:
- 23-30529 (5th Circuit, Aug 01,2024) Published
- Case Status:
- Affirmed
- Ruling:
- In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...
- Judge(s):
- Jones, Clement, and Wilson
- Tag(s):
-
- Citation:
- 22-10889 (5th Circuit, Jul 01,2024) Published
- Case Status:
- Affirmed
- Ruling:
- In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...
- Judge(s):
- Southwick, Smith, and Higginson
- Tag(s):
-
- Citation:
- 23-40373 (5th Circuit, Mar 01,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- In the latest installment of a long-running family saga, one family member's argument that an order approving a trustee's sale of real estate and preserving the "liens, claims, and encumbrances"...
- Judge(s):
- Jones, Haynes, Douglas
- Tag(s):
-
- Citation:
- 23-40477 (5th Circuit, Jan 30,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Rooker-Feldman doctrine prevents a federal bankruptcy court from reviewing a state court's decision that a debt owed to a casino was not discharged in an individual debtor's chapter 7 case. ...
- Judge(s):
- Davis, Ho, Ramirez
- Tag(s):
-
- 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):
-
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