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Summaries by Aaron Kaufman
- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 1 year 10 months ago
- Ruling:
- Applying the plain meaning to the court-approved contingency fee agreement, the Court REVERSED, in part, concluding that certain categories of "damages" awarded by an Arbitrator should have been...
- Judge(s):
- King, Jones, and Duncan
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 2 years 3 months ago
- Ruling:
- Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...
- Judge(s):
- Per curiam (Higginbotham, Stewart and Wilson)
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 3 years 12 months ago
- Citation:
- 19-10461 (5th Circuit, Mar 20,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...
- Judge(s):
- Clement, Higginson, Engelhardt
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 4 years 3 weeks ago
- Ruling:
- Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
- Judge(s):
- Owen, Barksdale and Duncan
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 4 years 2 months ago
- Citation:
- 19-60163 (5th Circuit, Dec 19,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed the dismissal of appeal as statutorily moot under 11 USC 363(m). The record amply supported the bankruptcy court's findings that the purchasers were "good faith" purchasers, despite...
- Judge(s):
- Owen, Haynes and Costa (per curiam)
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 4 years 4 months ago
- Citation:
- 19-60175 (5th Circuit, Nov 20,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
- Judge(s):
- King, Graves, Willett (per curiam)
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 4 years 5 months ago
- Ruling:
- The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
- Judge(s):
- Clement, Elrod, Duncan (per curiam)
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 4 years 7 months ago
- Ruling:
- When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
- Judge(s):
- Higginson, Owen, Southwick
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 4 years 7 months ago
- Ruling:
- The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
- Judge(s):
- Clement, Graves and Oldham
- Tag(s):
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- Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
- 4 years 10 months ago
- Citation:
- 18-30888 (5th Circuit, May 20,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed entry of final decree in individual chapter 11 case, over the objection of an incarcerated pro se debtor. Debtor appealed, claiming his due process rights had been violated because he was...
- Judge(s):
- Per Curiam (Haynes, Graves and Ho)
- Tag(s):
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