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Summaries by Aaron Kaufman
- 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):
-
- Citation:
- 17-60742 (5th Circuit, Dec 20,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
- Judge(s):
- Per Curiam (Smith, Wiener, Willett)
- Tag(s):
-
- Citation:
- 17-30982 (5th Circuit, Dec 05,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
- Judge(s):
- Stewart, King, Owen
- Tag(s):
-
- Citation:
- 17-11113 (5th Circuit, Oct 29,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
- Judge(s):
- Higginbotham, Smith and Graves
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 6 years 11 months ago
- Ruling:
- Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
- Judge(s):
- Reavley, Southwick and Haynes
- Tag(s):
-
- Citation:
- 17-40229 (5th Circuit, Dec 29,2017) Not Published
- Case Status:
- Reversed
- Ruling:
- Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
- Judge(s):
- King, Dennis and Costa (per curiam)
- Tag(s):
-
- Ruling:
- Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
- Judge(s):
- King, Prado, Southwick (Per Curiam)
- Tag(s):
-
- Citation:
- 16-40997 (5th Circuit, Apr 25,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
- Judge(s):
- Per curiam (Higginbotham, Prado and Haynes)
- Tag(s):
-
- Ruling:
- "With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
- Judge(s):
- Stewart, Jolly, Jones (per curiam)
- Tag(s):
-
- Citation:
- 16-20255 (5th Circuit, Mar 24,2017) Published
- Case Status:
- Affirmed
- Ruling:
- In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
- Judge(s):
- JONES, BARKSDALE, and COSTA
- Tag(s):
-
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