5th Circuit | ABI Volo - Circuit Court opinion summaries

5th Circuit: Galaz v. Katona (In the Matter of Galaz)

akaufman — Mon, 31 Oct 2016 20:40:09 +0000

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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 a third-party (Oshita). "Even viewed through the narrower lens of post-confirmation bankruptcy jurisdiction, Galaz’s [] ...

Judge(s):

Clement, Weiner, Costa

5th Circuit: Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.)

ERIC.LOCKRIDGE@KEANMILLER.COM — Thu, 13 Oct 2016 21:06:06 +0000

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Citation:

Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.), Case No. 15-20243 (5th Cir. Oct. 12, 2016) (unpublished)

Ruling:

Affirmed contempt order and sanctions award against attorney and financial advisor for contacting witnesses without permission in violation of the bankruptcy court's preliminary injunction.

Judge(s):

Elrod, Graves, Costa

5th Circuit: Scarbrough v. Purser (In the Matter of Scarbrough)

akaufman — Fri, 02 Sep 2016 21:15:51 +0000

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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, including the ground that the state court sanctions order was insufficient ...

Judge(s):

Stewart, Clement, Haynes

5th Circuit: Hennigan v. Smith (In the Matter of Smith)

akaufman — Thu, 18 Aug 2016 21:18:04 +0000

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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Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)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 to sell the property and move does not ...

Judge(s):

(per curiam) Jolly, Davis, Southwick

5th Circuit: Green v. Traditional Heritage Village Homeowners Association, Inc. (In the Matter of Green)

ERIC.LOCKRIDGE@KEANMILLER.COM — Thu, 18 Aug 2016 21:23:39 +0000

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Citation:

Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).

Ruling:

Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed Appellant's appeal for failure to prosecute.

Judge(s):

King, Clement, Owen

5th Circuit: Husky International Electronics, Inc. v. Ritz, Jr. (In the Matter of Ritz, Jr.)

WNEWMAN95@MSN.COM — Thu, 11 Aug 2016 21:11:04 +0000

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Citation:

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-20526

Ruling:

Following the Supreme Court decision in Husky International Electronics Inc. v. Ritz, the Fifth Circuit made a so-called Erie guess by holding that a transfer made with actual intent to defraud under the Texas Uniform Fraudulent Transfer Act satisfies the ...

Judge(s):

STEWART, Chief Judge, and KING and ELROD, Circuit Judges.

5th Circuit: Monge v. Rojas (In the Matter of Monge)

ERIC.LOCKRIDGE@KEANMILLER.COM — Wed, 15 Jun 2016 21:14:25 +0000

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Citation:

Monge v. Rojas (In the Matter of Monge), No. 15-50180, (5th Cir. June 14, 2016)

Ruling:

The district court did not err by overruling unopposed objections to the bankruptcy court's proposed findings of fact and conclusion of law; the district court properly considered the merits of the objections and rejected them.

Judge(s):

Smith, Barksdale, Costa

5th Circuit: Comu v. King Louie Mining, L.L.C., et al. (In re Comu)

WNEWMAN95@MSN.COM — Mon, 13 Jun 2016 21:18:41 +0000

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Citation:

Fifth Circuit No. 15-10804 *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:

“This Court reviews the district court’s decision by applying the same standard of review to the bankruptcy court’s conclusions of law and findings of fact that the district court applied.” In re Woerner, 783 F.3d 266, 270 (5th Cir. 2015) ...

Judge(s):

Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges *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.

5th Circuit: Pirani v. Baharia (In the Matter of Pirani)

akaufman — Tue, 31 May 2016 21:38:16 +0000

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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 bank’s rights to collect a $828,000 deficiency from six co-guarantors did ...

Judge(s):

Higginbotham, Southwick, Higginson (opinion by Higginson)

5th Circuit: Passmore v. Baylor Health Care System

JOHN@JRJONESLAW.COM — Fri, 20 May 2016 20:45:59 +0000

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Citation:

Case No. 15-10358 (May 19, 2016 5th Cir.)

Ruling:

REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section 74.351's requirement that a plaintiff with a health care liability ...

Judge(s):

Davis, Barksdale and Dennis, Circuit Judges.

5th Circuit: Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

CWEEMA@KFPLAW.COM — Fri, 06 May 2016 20:59:47 +0000

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Citation:

Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)

Ruling:

Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for satisfaction of existing debts inapplicable to any consideration received from those identified parties. Because one ...

Judge(s):

Prado, Owen, and Haynes, Circuit Judges

5th Circuit: Billings v. Propel Financial Services

WNEWMAN95@MSN.COM — Mon, 02 May 2016 20:44:28 +0000

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Citation:

14-51326, consolidated with 15-50199, 15-50340, 15-50437 USCA Fifth Circuit

Ruling:

The transfer of a tax lien does not constitute an extension of “credit” that is subject to the Truth in Lending Act. In addition to TILA, this case concerns the Homeowner Equity and Protection Act (“HOEPA”). See 15 U.S.C. §§ ...

Judge(s):

BARKSDALE, CLEMENT, and HAYNES, Circuit Judges.

5th Circuit: Bourbon Saloon, Inc. v. Absinthe Bar, L.L.C. (In re Bourbon Saloon, Inc.)

CWEEMA@KFPLAW.COM — Fri, 29 Apr 2016 21:00:23 +0000

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Citation:

Case No. 15-30361 (5th Cir. 04/28/16) - NOT DESIGNATED FOR PUBLICATION

Ruling:

An agreed order between Reorganized Debtor and Lessor, which resolved pre-confirmation Debtor's motion to assume the applicable lease and Lessor's opposition thereto, was effective to assume the lease even though the order failed to explicitly address either compensation for Lessor's ...

Judge(s):

JONES, WIENER, and HIGGINSON, Circuit Judges

5th Circuit: Black v. Shor, et al. (In the Matter of BNP Petroleum Corp., et al)

CMGENO@HARRISGENO.COM — Mon, 04 Apr 2016 20:49:59 +0000

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Citation:

Fifth Circuit;No. 15-40294

Ruling:

The Fifth Circuit affirmed the lower courts' rulings in finding that a purchaser of estate assets was a good faith purchaser and entitled to the benefits of 363(m) based upon the Trustee's efforts during the sale process an din evaluating ...

Judge(s):

Benavides, Dennis and Southwick

5th Circuit: Foster v. Holder (In the Matter of Foster)

akaufman — Mon, 04 Apr 2016 20:55:37 +0000

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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 any errors in the bankruptcy court's findings of fact and conclusions ...

Judge(s):

Per Curiam (Higginbotham, Elrod, Southwick)