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Legal Opinion

Terrill Horton v. Walter O'Cheskey

Court of Appeals for the Fifth Circuit

Decided November 5, 2013No. 12-11200UnpublishedCited by 10 opinions

1Opinion of the Court

PER CURIAM: *

Terrill Horton appeals a judgment of the district court affirming a judgment of the bankruptcy court disallowing his claim for a $1.4 million loan guaranteed by the debt- or, American Housing Foundation (“AHF”). Those courts concluded that, because AHF was insolvent and did not receive reasonably equivalent value for the guaranty, it could be set aside as a fraudulent conveyance under § 548(a)(1)(B) of the Bankruptcy Code. Horton also was not entitled to the good-faith defense of § 548(c), and the bankruptcy court denied his fraud and breach-of-fiduciary-duty claims against AHF.

Ho…

2Cases cited11 opinions

  1. Wellogix, Inc. v. Accenture, L.L.P.Court of Appeals for the Fifth Circuit · 2013
  2. Equal Employment Opportunity Commission v. Boh Bros. Construction Co.Court of Appeals for the Fifth Circuit · 2013
  3. In the Matter of Rodney Dale Coston and Billie Katherine Coston, Debtors. Rodney Dale Coston and Billie Katherine Coston v. Bank of MalvernCourt of Appeals for the Fifth Circuit · 1993
  4. Christian Bros. High School Endowment v. Bayou No Leverage Fund, LLC (In Re Bayou Group, LLC)District Court, S.D. New York · 2010
  5. Klamath Strategic Investment Fund Ex Rel. St. Croix Ventures v. United StatesCourt of Appeals for the Fifth Circuit · 2009

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3Cited by10 opinions

  1. Templeton v. O'Cheskey (In Re American Housing Foundation)Court of Appeals for the Fifth Circuit · 2015
  2. Williams v. Federal Deposit Insurance (In Re Positive Health Management)Court of Appeals for the Fifth Circuit · 2014
  3. Janvey v. GMAG, L.L.C.Court of Appeals for the Fifth Circuit · 2019
  4. Littleton v. Lanac Investments, LLC (In re Kudzu Marine, Inc.)United States Bankruptcy Court, S.D. Alabama · 2017
  5. Faulkner v. Ford Motor Credit Company, LLCUnited States Bankruptcy Court, N.D. Texas · 2022

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