All posts tagged "judge carolyn king"
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574Appellate CircuitSupreme Court Reverses Fifth Circuit and S.D. Texas Court’s Interpretation of “Actual Fraud”
SCOTUS: We interpret actual fraud to encompass fraudulent conveyance schemes, even when those schemes do not involve a false representation.
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1.6KAppellate CircuitYou Won’t Get a Penny From a Wrongful Foreclosure Sale Lawsuit in Texas Sayeth 5th Circuit
The 3-panel stand by the admonished Judge Lynn Hughes opinion that selling the home to Wall Street for pennies is exactly what...
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1.8KDeed of TrustAnother Fiddle at the Fifth Favors Deutsche Bank National Trust Co.
Judge Randy Crane accepted Deutsche Bank’s secondary theory—that Ms. Castrellon’s separate suit tolled the statute of limitations.
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1.8KAppellate CircuitA Landowner’s Fight to Prevent The Big Skim in San Antonio Bankruptcy Court
The property is worth far more than than the $20.3 million bid by Schumacher. Appraisals have valued the land at as much...
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1.6KBankruptcyPart-Time or Random Residence Ain’t A Family Homestead Exemption in Texas Law
When Alwin Gerald Morgan filed his Chapter 11 bankruptcy petition, he claimed a family homestead exemption for a property in which he...
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1.8KAppellate JudgesJudge Rhesa Barksdale: The Role of Civility in Appellate Advocacy (1999)
The Role of Civility in Appellate Advocacy; The Honorable Rhesa Barksdale, an appellate judge, Court of Appeals for the Fifth Circuit.
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3.4K1Appellate CircuitFamiliar Faces; Judge Leslie Southwick and Judge Catharina Haynes and Dubious 5th Circuit Opinions (with Dissent)
Reggie is the son of the late Crowley City Court Judge Edmund Reggie and a brother-in-law of the late U.S. Sen. Ted...
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2.3K1Bill Of ReviewJudge Carolyn Dineen King [Mrs. Reavley] in 1988 Provided the Fifth Circuit a Precedent for Mortgage Application Fraud. In 2015, the 5th Circuit Ignored it, and Again in 2018 in Deutsche Bank v Burke
As we agree with the district court that the false statements had the capacity to influence a savings and loan institution's decision...
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1.3KFifth CircuitThis Putty Didn’t Fill the Holes
Putty’s pleadings therefore failed to provide Fannie Mae with fair notice that she intended to assert a RESPA violation, and the district...
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2.1KForeclosuresEviction and Ejection by Writ of Possession is not Excessive Force
In this 5th Circuit foreclosure appeal, the Bank is allowed to evict - with a Writ of Possession in hand - the...
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1.5KFederal LawRule 56 is Not Going to be Construed Liberally, Says Fifth Circuit
In this foreclosure case the panel dismissed the claims in a short affirmation in favor of Bank of America, claiming failure to...
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1.7KDeed of TrustA ‘Genuine Dispute’ gets Deutsche Bank a Reprieve
Castrellon brought this lawsuit, saying that agreement was made with Deutsche Bank but they later reneged. That's fine says the Fifth Circuit,...
