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Summaries by Aaron Kaufman
- Ruling:
- Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
- Judge(s):
- Smith, Clement, Higginson
- Tag(s):
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- 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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- 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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- 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 LLP
- 4 years 10 months 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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- 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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- 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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- 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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- 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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- 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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