Saturday, August 30, 2014

Fifth Circuit's Bankruptcy Opinions From August 2014

There are more bankruptcy decisions that come out of the Fifth Circuit each month than I could ever write about.   I am going to try to provide at least a brief blurb for each one.  Here are five cases from the Fifth Circuit that came out during August.   They deal with discharge, dischargeability, jurisdiction and Stern issues, lien claims and preferences.

Graham Mortgage Company v. Goff (In re Goff),No. 13-41148 (5th Cir. 8/22/14)(unpublished).   Fifth Circuit affirmed denial of discharge for failure to keep records under § 727(a)(3).  Opinion here.

Galaz v. Galaz (In re Galaz), No. 13-50781 (5th Cir. 8/25/14).   Court found no jurisdiction over claims brought by non-debtor against non-debtor.   Debtor's fraudulent transfer claims against non-debtor were non-core claims for which Bankruptcy Court could not enter final judgment but could submit proposed findings and conclusions here.   Opinion here.

McClendon v. Springfield (In re McClendon), No. 13-41030 (5th Cir. 8/26/14).   Court affirmed judgment of non-dischargeability for defamation claim under § 526(a)(6).   Employee who was fired brought claims for defamation against president of employer who accused him of theft.   Court did not give collateral estoppel effect to jury verdict but conducted trial.    Court found objective certainty of harm from statements.

Endeavor Energy Resources, LP v. Heritage Consolidated, LP (In re Heritage Consolidated, LLC), No. 13-10969 (5th Cir. 8/27/14).    Court affirmed summary judgment against drillers for constructive trust and equitable lien claims.   Court reversed and remanded on summary judgment on drillers' mineral subcontractor lien claims.    Opinion here.

Flooring Systems, Inc. v. Chow (In re Poston), No. 13-41050 (5th Cir. 8/28/14).   Court affirmed judgment to recover preference from creditor.    Transfer occurred when state court receiver served certified copy of receivership order on bank, not when turnover receiver was appointed.   Opinion here.  

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