ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
Summaries by Aaron Kaufman
- Summarized by Aaron Kaufman , Gray Reed LLP
- 10 years 11 months ago
- Citation:
- -- F.3d -- (5th Cir. 2014)
- Ruling:
- Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
- Judge(s):
- REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 11 years 5 months ago
- Citation:
- Case No. 13-20044 (unpublished slip opinion)
- Ruling:
- Houston Bankruptcy Judge Marvin Isgur's order sanctioning a Seattle-based attorney for the attorney's pattern of ignoring Judge Isgur's prior rulings was AFFIRMED. The attorney represented a...
- Judge(s):
- REAVLEY, JOLLY, and DAVIS (per curiam)
- Tag(s):
-
- Citation:
- No. 11-51167, Pursuant to 5TH CIR. R. 47.5, not for publication.
- Ruling:
- DISMISSED the appeal for lack of jurisdiction, concluding that bankruptcy court's discovery order was interlocutory, and the district court's order (dismissing the appeal from the bankruptcy court)...
- Judge(s):
- WIENER, CLEMENT, and PRADO
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 12 years 5 months ago
- Citation:
- Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
- Ruling:
- The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
- Judge(s):
- Jolly, Higginbotham, and Dennis (per curiam)
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 12 years 7 months ago
- Citation:
- In re Kapetanakis, Case No. 11-20306 (5th Cir. June 12, 2012) (per curiam) (unpublished)
- Ruling:
- The Fifth Circuit AFFIRMED the District Court's order, which affirmed Bankruptcy Court's order, and reiterated that "a settlement agreement of a non-dischargeable obligation does not convert the...
- Judge(s):
- Per Curiam (Jones, Wiener and Graves)
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 12 years 9 months ago
- Citation:
- Cipolla v. Roberts (In re Cipolla)
- Ruling:
- A debtor’s status as an attorney, without more, could not give rise to a presumption that the debtor had knowledge of homestead exemption laws or other bankruptcy rules and requirements. Because...
- Judge(s):
- King, Wiener and Haynes; Per Curiam opinion (Pursuant to 5th Cir. R. 47.5, the court has determined that the opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4).
- Tag(s):
-
- Citation:
- Case No. 10-31128, --- F.3d --- (5th Cir. 2011).
- Ruling:
- In this decision, the Fifth Circuit reminds debtors that there are worse punishments than the denial of a bankruptcy discharge. Debra (“Wife”) and Brian (“Husband”) Spurlin were convicted...
- Judge(s):
- Smith, Barksdale and Benavides
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 13 years 5 months ago
- Citation:
- Grossman v. Lothian Oil Inc. (In re Lothian Oil Inc.), Case No. 1050683, --- F.3d --- (5th Cir. 2011)
- Ruling:
- The Fifth Circuit held that a claim objection seeking to recharacterize debt to equity, which frequently concerns the same factors as equitable subordination, is a distinguishable concept. ...
- Judge(s):
- Jones, Higginbotham and Southwick. Opinion by Edith H. Jones, Chief Judge.
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 13 years 5 months ago
- Citation:
- --- F.3d --- (5th Cir. 2011)
- Ruling:
- In this informative decision applying the United Operating “specific and unequivocal” standard for reserving causes of action under a chapter 11 plan, the Fifth Circuit reminds us that “the...
- Tag(s):
-
- Summarized by Aaron Kaufman , Gray Reed LLP
- 13 years 6 months ago
- Citation:
- Case No. 10-30387 (5th Cir. June 21, 2011) (per curiam)
- Ruling:
- In a de novo contract interpretation of an asset purchase agreement (APA) between purchaser Greif Industrial Packaging (“Purchaser”) and seller-debtor Evans Industries, Inc. (“Debtor”), the...
- Tag(s):
-
Pages
