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Summaries by Aaron Kaufman
- 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):
-
- 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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- 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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