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McMillan v. Schmidt, Jr. (In the Matter of McMillan)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 7 months ago
Citation:
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling:
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is...
Judge(s):
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
Tag(s):

Rivera v. Bank of America

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 10 months ago
Citation:
Case No. 14-40837. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 74.5.4.
Ruling:
Affirmed district court's summary judgment in favor of mortgage lender. Four-year statute of limitations to foreclose on residential real property after first accelerating the note did not bar the...
Judge(s):
Per Curiam (Prado, Owen, Graves)
Tag(s):

Barron & Newburger, P.C. v. TX Skyline, Ltd. (In the Matter of Woerner)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 10 years 11 months ago
Citation:
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In re Woerner), --- F.3d ---, Case No. 13-50075 (5th Cir. Apr. 9, 2015)
Ruling:
In this “Anti-Snax” decision by the en banc Court of Appeals, the Fifth Circuit OVERTURNED its retrospective attorney’s-fee rule from In re Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir....
Judge(s):
Edward C. Prado writing for the en banc court; Grady Jolly specially concurring
Tag(s):

Baker v. Baker (In the Matter of Baker)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 2 weeks ago
Citation:
No. 14-10569 (non-precedential)
Ruling:
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by...
Judge(s):
KING, DAVIS, and OWEN (per curiam)
Tag(s):

Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 4 months ago
Citation:
--- F.3d ---, Case No. 13-41153 (5th Cir. Nov. 3, 2014)
Ruling:
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
Tag(s):

Janvey v. Brown et al.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 6 months ago
Citation:
--- F.3d --- (5th Cir. 2014) [No. 13-10266 c/w 13-10272 c/w 13-10276 c/w 13-10279]
Ruling:
Fifth Circuit AFFIRMED partial summary judgment in favor of the Stanford receiver on TUFTA claims against “net winner” investors. Most notably, the Fifth Circuit agreed that only the false...
Judge(s):
HIGGINBOTHAM, CLEMENT, and HIGGINSON. Opinion by HIGGINBOTHAM.
Tag(s):

Kim v. Dome Entertainment Ctr, Inc.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 11 months ago
Citation:
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling:
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor...
Judge(s):
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
Tag(s):

Goaz v. Rolex Watch U.S.A. Inc. (In the Matter of Goaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 12 months ago
Citation:
Cas No. 13-10282 (5th Cir. Mar. 19, 2014)
Ruling:
"Knowingly selling merchandise bearing counterfeit trademarks necessarily causes injury to the trademark." Fifth Circuit affirmed district court's ruling, thereby affirming the bankruptcy court's...
Judge(s):
Wiener, Owen and Haynes (per curiam)
Tag(s):

Shankle v. Shankle (In the Matter of Shankle)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 1 month ago
Citation:
Case No. 13-60251 (5th Cir. Feb 7, 2014) (per curiam)
Ruling:
Affirmed judgment of non-dischargeability based on debtor’s failure to tender marital assets in contravention of a 1999 divorce decree, concluding that debtor’s actions “constituted an...
Judge(s):
SMITH, DeMOSS, and HIGGINSON
Tag(s):

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