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Summaries by J. Eric Lockridge
- 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):
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- 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):
-
- 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):
-
- 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):
-
- 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- Philippe Tanguy v. William West (In the Matter of Richard Davis), Case No. 12-20555 (unpublished)(per curiam)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):
-
- 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):
-
- Citation:
- Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.), No. 11-51141 (5th Cir. 11/8/2012) (unpublished) (per curiam)
- Ruling:
- An untimely Rule 59(e) motion to alter or amend a district court's judgment affirming a bankruptcy court's dismissal order does not extend the 30-day deadline to file a notice of appeal of the...
- Judge(s):
- King, Clement, Higginson
- Tag(s):
-
- Citation:
- Cardwell v. Gurley (In re Cardwell), Case No. 12-40070 (5th Cir. Aug. 31, 2012) (unpublished) (per curiam).
- Ruling:
- Affirmed district court's summary judgment affirming bankruptcy court's determination that creditor's state-court judgment against debtor was not dischargeable in bankruptcy. The state court's...
- Judge(s):
- Reavley, Jolly, Davis
- Tag(s):
-
- Citation:
- No. 10-20134 (June 24, 2011) (per curiam) (Pursuant to 5th Cir. Rule 47.5, this opinion should not be published and is not precendent except under limited circumtances)
- Ruling:
- The Fifth Circuit ruled that the bankruptcy court did not err in refusing to grant a stay of or continuing the trial of a dischargeability proceeding while the debtor appealed an adverse judgment...
- Tag(s):
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- Citation:
- United States Court of Appeals for the Fifth Circuit, No. 10-30946, June 17, 2011 (unpublished, per curiam opinion)
- Ruling:
- The appellant's discharge injunction from her confirmed chapter 13 case does not protect post-petition community assets from collection efforts by her spouse's judgment creditor because her...
- Tag(s):
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