5th Circuit | ABI Volo - Circuit Court opinion summaries

5th Circuit: Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

omoezzi — Thu, 09 May 2013 16:04:09 +0000

Citation:

5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)

Ruling:

AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed. Additionally, the court found that the bankruptcy court did not err ...

Judge(s):

King, Higginbotham, and Clement.

5th Circuit: Smyth v. Simeon Land Development, L.L.C. (In re Escarent Entities, L.P.)

lmason — Fri, 19 Apr 2013 16:19:06 +0000

View opinion PDF | Download opinion PDF

Citation:

In the Matter of Escarent Entities, LP/ Smyth v Simeon Land Development, LLC et.al., Case No. 12-50297 (5th Cir. 2013)UNPUBLISHED

Ruling:

Following In re Gilchrist, 891 F. 2d 559, 560, the Circuit Court affirmed the District Court's holding that the appeal of a sale order of the Bankruptcy Court was moot as Appellant had not obtained a stay order pending appeal, ...

Judge(s):

DeMoss, Owen and Haynes. Judge Haynes concurred in the judgment only.

5th Circuit: Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

jjones — Fri, 19 Apr 2013 16:16:29 +0000

View opinion PDF | Download opinion PDF

Citation:

Case No. 11-51106 (5th Cir. April 18, 2013)

Ruling:

AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket reservation in plan of "any and all claims" because the ...

Judge(s):

Wiener, Clement, and Prado, Circuit Judges

5th Circuit: First National Bank v. Crescent Electric Supply Co. (In re Renaissance Hospital Grand Prairie Inc.)

cmgeno — Mon, 08 Apr 2013 18:18:56 +0000

View opinion PDF | Download opinion PDF

Citation:

Case Number 12-10386 Fifth Circuit Court of Appeals

Ruling:

The 5th Circuit upheld the District Court's reversal of the Bankruptcy Court's decision in a lien priority dispute between material suppliers/mechanics lien claimants and secured creditors, placing heavy emphasis upon stipulations of counsel in pretrial proceedings. In dicta, the 5th Circuit ...

Judge(s):

Stewart, Davis and Clement

5th Circuit: Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Eric Lockridge — Tue, 05 Mar 2013 17:51:12 +0000

View opinion PDF | Download opinion PDF

Citation:

Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)

Ruling:

Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime should be used. The Court also rejected the Debtors' equitable-mootness argument and ...

Judge(s):

Higginbotham, Elrod, Haynes

5th Circuit: Fire Eagle L.L.C. v. Bischoff (In re Spillman Development Group, Ltd.)

omoezzi — Fri, 01 Mar 2013 17:37:02 +0000

View opinion PDF | Download opinion PDF

Citation:

5th Cir. Court of Appeals - Case No. 11-51057

Ruling:

The Court of Appeals AFFIRMED the District Court's ruling, which affirmed the bankruptcy court's ruling that granted the summary judgment of two consolidated matters.

Judge(s):

Circuit Court Judges REAVLEY, DENNIS and CLEMENT.

5th Circuit: Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

mcooley — Wed, 27 Feb 2013 17:21:12 +0000

View opinion PDF | Download opinion PDF

Citation:

No. 12-10271 (5th Cir. February 26, 2013).

Ruling:

Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between discretionary (i.e., “artificial”) and economically driven impairment, and therefore a ...

Judge(s):

Higginbotham, Clement, and Haynes.

5th Circuit: Angles v. Flexible Flyer Liquidating Trust (In re Flexible Flyer Liquidating Trust)

lmason — Tue, 12 Feb 2013 18:05:03 +0000

View opinion PDF | Download opinion PDF

Citation:

Angles, et.al. v Flexible Flyer Liquidating Trust (5th Cir. Feb. 11,2013) [unpublished]

Ruling:

Because the layoffs of all employees by Flexible Flyer on the date it filed bankruptcy were shown to have been caused by the abrupt unavailablity of operating funds, which were completely unanticipated, the WARN Act's 60-day notice provision did not ...

Judge(s):

Jolly, Prado and Higginson

5th Circuit: Clinton Growers v. Pilgrim's Pride Corp. (In re Pilgrim's Pride Corp.)

jjones — Thu, 21 Feb 2013 18:28:05 +0000

View opinion PDF | Download opinion PDF

Citation:

Case No. 12-10063 (5th Cir. January 31, 2013)

Ruling:

AFFIRMED bankruptcy court's grant of summary judgment for Pilgrim's Pride Corporation ("PPC") on the ground that written contracts between PPC and Clinton Growers barred the alleged oral promises of a contract for the long haul and promissory estoppel claim under ...

Judge(s):

DeMoss, Southwick, and Higginson, Circuit Judges

5th Circuit: Kinkade v. Kinkade (In re Kinkade)

ghesse — Thu, 07 Feb 2013 17:58:06 +0000

View opinion PDF | Download opinion PDF

Citation:

No. 12-30525 (5th Cir. Feb. 6, 2013)

Ruling:

Debts incurred by debtor to former spouse for money loaned to debtor both before and during marriage were non-dischargeable pursuant to 11 U.S.C. Sec. 523(a)(15) because the divorse decree stated that the debtor was obligated to the former spouse for ...

Judge(s):

Reavley, Prado and Elrod.

5th Circuit: Anti Lothian Bankruptcy Fraud Committee v. Lothian Oil, Inc. (In re Lothian Oil, Inc.)

crobinson — Thu, 24 Jan 2013 17:36:53 +0000

View opinion PDF | Download opinion PDF

Citation:

No. 11-51082

Ruling:

Appellants appeals of three pro hac vice related orders were dismissed because they were untimely. Appellants motion to set aside settlements agreements encompassed in the Debtor's confirmed plan was rejected because the related motions were barred by the 180-day ...

Judge(s):

Jolly, Jones, Graves, Circuit Judges

5th Circuit: Elliott v. Sutton (In re Elliott)

bgage — Tue, 08 Jan 2013 17:30:26 +0000

View opinion PDF | Download opinion PDF

Citation:

No. 12-30707 (5th Cir. Jan. 7, 2013)

Ruling:

Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13 bankruptcy case to a case under Chapter 7 even ...

Judge(s):

Higginbotham, Owen, and Southwick, Circuit Judges.

5th Circuit: The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

anicas — Tue, 08 Jan 2013 17:32:11 +0000

View opinion PDF | Download opinion PDF

Citation:

No. 12-60234 (January 7, 2013)

Ruling:

The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state law, the defendant was a fully secured creditor. ...

Judge(s):

BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).

5th Circuit: ASARCO, L.L.C. v. Barclays Capital, Inc. (In re ASARCO, L.L.C.)

jjones — Tue, 18 Dec 2012 13:57:34 +0000

View opinion PDF | Download opinion PDF

Citation:

Case No. 11-41010 (5th Cir. December 11, 2012)

Ruling:

REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a conclusion that facts (i.e. subsequent developments) were not capable of being anticipated ...

Judge(s):

Wiener, Elrod and Southwick, Circuit Judges

5th Circuit: Netsphere, Inc. v. Baron

cmgeno — Wed, 19 Dec 2012 18:23:17 +0000

View opinion PDF | Download opinion PDF

Citation:

Appeal No. 10-11202

Ruling:

The District Court's appointment of a receiver to control a vexatious litigant was reversed and the case remanded.

Judge(s):

DeMoss, Southwick and Higginson