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Summaries by J. Eric Lockridge
- Citation:
- 17-40710 (5th Circuit, Jun 14,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the...
- Judge(s):
- Higginbotham, Jones, and Smith
- Tag(s):
-
- Ruling:
- For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
- Judge(s):
- Owen, Wiener, and Prado
- Tag(s):
-
- Citation:
- 16-40830 (5th Circuit, Jun 20,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
- Judge(s):
- Barksdale, Graves and Higginson (per curiam)
- Tag(s):
-
- Ruling:
- Contractual payments due during the sixty-day notice period prior to the termination of a contract are "assets" under the Texas Uniform Fraudulent Transfer Act's ("TUFTA's") broad definition, and...
- Judge(s):
- Higginbotham, Dennis, and Clement
- Tag(s):
-
- Citation:
- Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.), Case No. 15-20243 (5th Cir. Oct. 12, 2016) (unpublished)
- Ruling:
- Affirmed contempt order and sanctions award against attorney and financial advisor for contacting witnesses without permission in violation of the bankruptcy court's preliminary injunction.
- Judge(s):
- Elrod, Graves, Costa
- Tag(s):
-
- Citation:
- Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).
- Ruling:
- Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed...
- Judge(s):
- King, Clement, Owen
- Tag(s):
-
- 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):
-
- 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):
-
- Citation:
- No. 13-10119 (5th Cir. Aug. 14, 2015)
- Ruling:
- A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for...
- Judge(s):
- Higginbotham, Jolly, Davis
- Tag(s):
-
- 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):
-
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