Carmichael v. Balke
- Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
- 2 years 4 months ago
- Case Type:
- Business
- Case Status:
- Affirmed
- Citation:
- 22-20430 (5th Circuit, Oct 06,2023) Not Published
- Tag(s):
-
- Ruling:
- In litigation that spanned many years, the 5th Circuit held that post-judgment interest, pursuant to 28 USC Sec. 1961(a),(c)(4) [applicable to bankruptcy courts as units of the district courts], applies to adversary proceedings in Bankruptcy Court. Interest was applied to the original judgment that wa rendered in 2017, despite the fact that it was substantially altered in 2021.
The court also held that the appellant was not judicially estopped from arguing a different asset valuation in the adversary proceeding as opposed to the valuation assigned in the bankruptcy schedules.
- Procedural context:
- Appeal from the United States District Court for the Southern District of Texas
- Facts:
- In litiigation that spanned many years, appellants, who had originally recovered a substantial judgment in 2017 against the appellees, had that judgment significantly reduced by a successor judge in 2021. Appellants argued that the successor judge used the wrong standard for determination of damages, and that interest began to run on the original 2017 judgment when it was entered, despite the fact that it was substantially altered/reduced by the successor judge in 2021.
- Judge(s):
- Ho, Oldham and Douglas
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