Skip to main content

Page Banner(Taxonomy)

judge costa

Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In re Delta Produce, L.P.)

Ruling
District court lacked jurisdiction in vacating the bankruptcy court's orders awarding interimfees to a special counsel. (5th Cir.)
Issue(s)
Employment of Professional Persons; Attorney Employed for Special Purpose.

ABI Membership is required to access the full summary of Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In re Delta Produce, L.P.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Commercial opinion summary, case decided on December 21, 2016 , LexisNexis #0117-063

Kingdom Fresh Produce Inc. v. Stokes Law office L.L.P. (In re Delta Produce L.P.)

Ruling
District court order vacating final special counsel's fee award for litigating Perishable Agricultural Commodities Act claims affirmed.
Issue(s)
Can special counsel's fees and expenses be disbursed from the Perishable Agricultural Commodities Act fund?

ABI Membership is required to access the full summary of Kingdom Fresh Produce Inc. v. Stokes Law office L.L.P. (In re Delta Produce L.P.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 11, 2016 , LexisNexis #0416-003

Southwest Sec. FSB v. Segner (In re Domistyle Inc.)

Ruling
Secured creditor to which trustee abandoned debtor's property properly ordered to pay maintenance expenses incurred while trustee was attempting to sell the property.
Issue(s)
Should the estate or the secured creditor pay the property's maintenance expenses incurred while the trustee was trying to sell the property?

ABI Membership is required to access the full summary of Southwest Sec. FSB v. Segner (In re Domistyle Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 29, 2015 , LexisNexis #0116-085

Cantu v. Schmidt (In re Cantu)

Ruling
Funds from settlement of misconduct claims arising against debtor's attorney prior to conversion were property of the estate.
Issue(s)
Were settlement proceeds from postconversion claim against debtors' attorney for misconduct property of the estate?

ABI Membership is required to access the full summary of Cantu v. Schmidt (In re Cantu) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 16, 2015 , LexisNexis #0515-054

Williams v. FDIC (In re Positive Health Mgmt.)

Ruling
Innocent transferees could retain payments received on loan made to a nondebtor entity less payments exceeding market rental value of property securing the loan.
Issue(s)
Whether an innocent transferee that received fraudulent transfers could, under the affirmative defense in 11 U.S.C.S. § 548(c), retain all the funds it received even though it gave less value to the debtor than it received.

ABI Membership is required to access the full summary of Williams v. FDIC (In re Positive Health Mgmt.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 16, 2014 , LexisNexis #1114-050