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Summaries by Aaron Kaufman
- Citation:
- 16-20146 (5th Circuit, Mar 17,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
- Judge(s):
- PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 7 years 10 months ago
- Citation:
- No. 16-30274 (5th Circuit, Mar 13,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
- Judge(s):
- Davis, Dennis and Southwick. Opinion by Dennis
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 7 years 10 months ago
- Citation:
- 15-51194 (5th Circuit, Mar 10,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
- Judge(s):
- Clement, Smith, Southwick (opinion by Clement)
- Tag(s):
-
- Citation:
- Case No. 15-50919 (5th Cir. Oct. 28, 2016)
- Ruling:
- AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
- Judge(s):
- Clement, Weiner, Costa
- Tag(s):
-
- Citation:
- --- F.3d ---, Case No. 15-51045 (5th Cir. 2016)
- Ruling:
- AFFIRMED lower courts' rulings that state court judgment and sanctions were non-dischargeable under 11 U.S.C. 523(a)(2)(A) & (a)(6). Court of appeals rejected all grounds raised by the debtor,...
- Judge(s):
- Stewart, Clement, Haynes
- Tag(s):
-
- Citation:
- Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
- Ruling:
- AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires...
- Judge(s):
- (per curiam) Jolly, Davis, Southwick
- Tag(s):
-
- Citation:
- --- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
- Ruling:
- Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the...
- Judge(s):
- Higginbotham, Southwick, Higginson (opinion by Higginson)
- Tag(s):
-
- Citation:
- Case No. 15-10778; Case No. 10278 - NOT FOR PUBLICATION
- Ruling:
- Appeals DISMISSED as frivolous, but no damages awarded. First, the debtor's children (appellants) failed to present transcripts to the District and Fifth Circuit Court of Appeals to demonstrate...
- Judge(s):
- Per Curiam (Higginbotham, Elrod, Southwick)
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 8 years 10 months ago
- Citation:
- NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)
- Ruling:
- REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy...
- Judge(s):
- Per Curiam (Stewart, Owen and Costa)
- Tag(s):
-
- Citation:
- --- F.3d ---, Case No. 14-41226 (5th Cir. Dec. 15, 2015)
- Ruling:
- AFFIRMED district court's "take nothing" judgment, concluding that "related to" jurisdiction existed over suit between non-debtor parties, because the non-debtor defendant's indemnity claim against...
- Judge(s):
- Haynes, Jolly and Costa
- Tag(s):
-
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