No. 10-40897, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 47.5.4.
Ruling:
The Fifth Circuit dismissed the debtors’ appeal for lack of standing. The Court of Appeals held that, although the bankruptcy court entered judgment for less than the debtors had hoped, the...
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 47.5.4.
Ruling:
The bankruptcy court erred by allowing the Debtor to assume an executory contract after an incurable, non-monetary default by the Debtor had occurred. Because the Debtor failed to close as...
Case No. No. 09-50975 (5th Cir 2010) (no West citation available yet)
Ruling:
Congress did not intend to preempt state law concerning collectibility of debts and, thus, Texas law provides the applicable limitations period for the collection of "lawful charges" under the Fair...
The Court of Appeals affirmed the preliminary injunction granted by the U.S. District Court for the Northern District of Texas, Dallas Division, because: (1) the mere filing of a motion to compel...
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 47.5.4.
Ruling:
The Court of Appeals dismissed this appeal as equitably moot, finding that (1) no stay had been sought or obtained; (2) the confirmed plan had been substantially consummated; and (3) no relief...
Undivided unearned fees, in these consolidated cases "loan discount fees" not shared with third party service providers, are not actionable under section 8(b) of the Real Estate Settlement...
The Fifth Circuit held that bankruptcy court's factual findings were not clearly erroneous. However, recognizing a potential conflict in Texas homestead exemption case law (where the right to...
Dismissal of federal complaint was affirmed. The Fifth Circuit held that state court Judge Mallia was protected by judicial immunity because he acted within his judicial capacity and with...
