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Summaries by J. Eric Lockridge

FERC v. Ultra Resources

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):

Mandel v. White Nile Software, et al

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):

Firefighters' Retmnt, et al v. Citco Grp, et al

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):

Saeed Rohi v. J. Mark Brewer, et al

Citation:
20-20005 (5th Circuit, Oct 28,2020) Published
Case Status:
Reversed and Remanded
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):

800 Bourbon Street, L.L.C. v. Bay Bridge Bldg Ltd

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):

Michael Holland, et al v. Westmoreland Coal Company

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):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
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):

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

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):

Booker v. Johns (In re Booker)

Citation:
18-30526 (5th Circuit, Feb 11,2019) Not Published
Case Status:
Reversed and Remanded
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):

Furlough v. Cage (In re Technicool Systems, Inc.)

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):

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