Legal Opinion
Bradley Croft v. Jeanette Lowry
Court of Appeals for the Fifth Circuit
Decided December 10, 2013No. 17-20738PublishedCited by 24 opinions
1Per curiam
This Texas bankruptcy case presents a question of first impression in this circuit and under Texas law. The issue is whether defensive appellate rights are considered property under Texas law. If so, they will be considered property of the bankruptcy estate and may be sold by the trustee; if not, then the debtor retains his right to appeal a judgment against him. We AFFIRM the district court’s determination that defensive appellate rights are property under Texas law and saleable by the bankruptcy estate.
STATEMENT OF FACTS
Bradley Croft (Croft) was involved in two lawsuits against AMS SA…
2Cases cited13 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Schertz-Cibolo-Universal City, Independent School District v. Wright (In Re Educators Group Health Trust)Court of Appeals for the Fifth Circuit · 1994
- Kane v. National Union Fire InsuranceCourt of Appeals for the Fifth Circuit · 2008
- Douglas v. DelpTexas Supreme Court · 1999
- Highland Capital Management LP v. Chesapeake Energy Corp. (In Re Seven Seas Petroleum, Inc.)Court of Appeals for the Fifth Circuit · 2008
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- PLC v. Nathan (In Re Capital Contracting Co.)Court of Appeals for the Sixth Circuit · 2019
- In re WrightUnited States Bankruptcy Court, S.D. Texas · 2016
- One Source Forms & Labels, Inc. v. Callahan (In re Davidson)United States Bankruptcy Court, N.D. Mississippi · 2019
- Burton Kahn v. Helvetia Asset Recovery, Inc., Texas Court of Appeals, 4th District (San Antonio)2015
- Hugo Bustamante, Jr. v. Miranda & Maldonado, P. C., Carlos A. Miranda, III, Gabriel Perez and Carlos Maldonado, Texas Court of Appeals, 8th District (El Paso)2019
19 more not listed; retrieve them via the Exa API.