--- 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...
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...
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...
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...
Philippe Tanguy v. William West (In the Matter of Richard Davis), Case No. 12-20555 (unpublished)(per curiam)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...
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...
Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.), No. 11-51141 (5th Cir. 11/8/2012) (unpublished) (per curiam)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...
Cardwell v. Gurley (In re Cardwell), Case No. 12-40070 (5th Cir. Aug. 31, 2012) (unpublished) (per curiam).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...
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...
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...
