Legal Opinion

Prospect Capital Corporation v. Mutual of Omaha Ba

Court of Appeals for the Fifth Circuit

Decided April 13, 2016No. 15-20345PublishedCited by 23 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge:

' This appeal arises from a declaratory judgment action seeking a declaration as to which party — Prospect Capital Corporation, appellant here, or Mutual Bank of Omaha, appellee — had priority, under Texas law, in certain collateral. In 2008, in litigation unrelated to this case, Prospect obtained a money judgment for approximately $2.3 million against Michael Enmon in federal court in New York. To avoid paying the judgment, Enmon engaged in a series of fraudulent transfers of his assets. His most valuable asset was Texas mineral rights — worth between…

2Cases cited5 opinions

  1. Raby v. LivingstonCourt of Appeals for the Fifth Circuit · 2010
  2. American Family Life Assurance v. Glenda Biles, etCourt of Appeals for the Fifth Circuit · 2013
  3. World Help v. Leisure Lifestyles, Inc.Court of Appeals of Texas · 1998
  4. Hemphill v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Fifth Circuit · 2015
  5. Murray v. Cadle Co., Texas Court of Appeals, 5th District (Dallas)2008

3Cited by23 opinions

  1. Mary Smith v. Regional Transit Authority, eCourt of Appeals for the Fifth Circuit · 2016
  2. Bailey v. KS Mgmt ServicesCourt of Appeals for the Fifth Circuit · 2022
  3. Federal Insurance Co. v. Singing River Health SystemCourt of Appeals for the Fifth Circuit · 2017
  4. Michael Ryder v. Union Pacific Railroad ComCourt of Appeals for the Fifth Circuit · 2019
  5. Lillie v. Off of Fincl Inst St of LACourt of Appeals for the Fifth Circuit · 2021

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