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Storey Minerals v. EP Energy E&P

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Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 1 month 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):

In re Monteagudo

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 7 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Case No. 13-20044 (unpublished slip opinion)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):

La Tierra Interiors, Inc. v. Washington Federal Savings (In re Tullius)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 3 months ago
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 R. 47.5, not for publication.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):

Studensky v. Morgan (In re Morgan)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 8 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Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR.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):

Kapetanakis v. First National Insurance Co. of America (In re Kapetanakis)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 9 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In re Kapetanakis, Case No. 11-20306 (5th Cir. June 12, 2012) (per curiam) (unpublished)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):

Cipolla v. Roberts (In re Cipolla)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 11 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):

Grossman v. Lothian Oil Inc. (In re Lothian Oil Inc.)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 14 years 7 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):

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