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Summaries by J. Eric Lockridge
- Ruling:
- The Fifth Circuit certifies a question of state law to the Texas Supreme Court: Is an LLC membership interest exempt property in a federal bankruptcy proceeding, based on section 101.112 of the...
- Judge(s):
- Ho, Southwick, Willett
- Tag(s):
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- Citation:
- 25-20170 (5th Circuit, Feb 03,2026) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Debtor's former business partner had standing to seek a nondischargeable judgment against the Debtor arising from her embezzlement of funds from the LLC that they co-owned. The Court explicitly...
- Judge(s):
- Richman, Engelhardt, Wilson
- Tag(s):
-
- Ruling:
- Because Appellant's failure to attach the bankruptcy court's judgment to its notice of appeal was not a jurisdictional defect, the District Court abused its discretion in dismissing the appeal....
- Judge(s):
- Ramirez, Wiener, and Douglas
- Tag(s):
-
- Ruling:
- Finding that the Bankruptcy Court misinterpreted its opinion from a prior appeal, the Fifth Circuit reverses in part the confirmation order and remands to the District Court to rewrite the plan's...
- Judge(s):
- Elrod, Willett, and Duncan
- Tag(s):
-
- 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):
-
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