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Summaries by J. Eric Lockridge

Monge v. Rojas (In the Matter of Monge)

Citation:
Monge v. Rojas (In the Matter of Monge), No. 15-50180, (5th Cir. June 14, 2016)
Ruling:
The district court did not err by overruling unopposed objections to the bankruptcy court's proposed findings of fact and conclusion of law; the district court properly considered the merits of the...
Judge(s):
Smith, Barksdale, Costa
Tag(s):

DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc.

Citation:
DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)
Ruling:
Affirmed judgment dismissing lawsuit and imposing $20,000 sanction against plaintiff and its law firm for filing a frivolous lawsuit and threatening to cloud title on property being foreclosed upon...
Judge(s):
Jones, Smith, Southwick
Tag(s):

Carroll, Jr. v. Abide

Citation:
Carroll, Jr. v. Abide, No. 14-31230 (5th Cir. June 11, 2015)
Ruling:
The Barton doctrine does not apply to claims arising from actions that a bankruptcy trustee takes pursuant to orders from a federal district court (as opposed to orders from a bankruptcy court). ...
Judge(s):
Owen, Reavley, Higginson
Tag(s):

Husky International Electronics, Inc. v. Ritz, Jr. (In the Matter of Ritz, Jr.)

Citation:
--- F. 3d ---, No. 14–20526 (5th Cir. May 22, 2015)
Ruling:
A creditor seeking to except its claim from discharge under Section 523(a)(2)(A)'s "actual fraud" provision must show that the debtor made a false representation to that creditor in connection with...
Judge(s):
Stewart, King, Elrod
Tag(s):

Highway 82/Fannin Joint Venture v. Capital One Bank (In the Matter of: Highway 82)

Citation:
Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
Ruling:
Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital...
Judge(s):
Stewart, Owen, Morgan
Tag(s):

Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.)

Citation:
Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.), Case No. 12-60784 (5th Cir. Feb. 3, 2014)
Ruling:
The Fifth Circuit affirmed the dismissal of an involuntary bankruptcy petition. The petitioning creditor lacked standing to file a petition for involunary relief under 303(b) because its claims...
Judge(s):
Weiner, Dennis, Owen
Tag(s):

Newco Energy v. Energytec, Inc. (In the Matter of Energytec, Inc.)

Citation:
Newco Energy v. Energytec, Inc. (In the Matter of Energytec, Inc.), -- F.3d --, Case No. 12-41162 (5th Cir. Dec. 31, 2013)
Ruling:
Section 363(m) does not moot the appeal of an order determining the nature and extent of a non-bankrupt party's interest in a pipeline system when the 363 sale was approved subject to a later...
Judge(s):
Southwick, Dennis, Clement
Tag(s):

Philippe Tanguy v. William West (In the Matter of Richard Davis)

Citation:
Philippe Tanguy v. William West (In the Matter of Richard Davis), Case No. 12-20555 (unpublished)(per curiam)
Ruling:
Stern v. Marshall does not deprive a bankruptcy court of jurisdiction over a third party's counterclaims against the bankruptcy estate or trustee relating to acts allegedly committed during the...
Judge(s):
Stewart, Davis, Wiener
Tag(s):

Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Citation:
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling:
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime...
Judge(s):
Higginbotham, Elrod, Haynes
Tag(s):

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