Legal Opinion

Schimmelpenninck v. Byrne

Court of Appeals for the Fifth Circuit

Decided July 29, 1999No. 98-10600PublishedCited by 13 opinions

1Opinion of the Court

WIENER, Circuit Judge:

This appeal presents complex issues that arise at the confluence of a Dutch bankruptcy proceeding and a Texas state court lawsuit. Appellants, Rutger Schimmelpen-ninck (“RJS”) and Wouter J.P. Jongepier CWJP”) are the Curators 1 of Harris Ada-com Corporation, B.V. (“HACBV” or “Debtor”), the debtor in a liquidation proceeding 2 filed in Amsterdam, the Netherlands. During administration of the estate, a creditor of HACBV, James T. Byrne (“Byrne” or “Appellee”), filed suit in Texas state court (the “Byrne Lawsuit”) against Harris Adacom Network Services (“HANS”), a…

2Cases cited36 opinions

  1. Castleberry v. BranscumTexas Supreme Court · 1986
  2. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  3. In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
  4. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
  5. St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989

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3Cited by13 opinions

  1. Cadle Co. v. Mims (In Re Moore)Court of Appeals for the Fifth Circuit · 2010
  2. American National General Insurance v. RyanCourt of Appeals for the Fifth Circuit · 2001
  3. Husky International Electronics, Inc. v. Ritz (In Re Ritz)Court of Appeals for the Fifth Circuit · 2016
  4. Transit Management of Southeast Louisiana, Inc. v. Group Insurance Administration, Inc.Court of Appeals for the Fifth Circuit · 2000
  5. Rutger Schimmelpenninck v. James ByrneCourt of Appeals for the Fifth Circuit · 1999

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