Shoshana Trust, et al. v. Ransom, et al. (In the Matter of Lothian Oil, Inc.)

Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 1 month ago

Citation:

United States Court of Appeals for the Fifth Circuit; No. 12-50462

Tag(s):

Ruling:

The bankruptcy court had core jurisdiction over Appellants' claims against an individual defendant but Appellants lacked standing to assert any remaining claims because the claims were transferred to the debtor's successor.

Procedural context:

Appeal from the United States District Court for the Western District of Texas.

Facts:

in a prior appeal, the Fifth Circuit found that this litigation was an impermissible attempt to relitigate issues that had already been decided and it was bound by that decision under the law of the case doctrine as to this "new" appeal. Any claims asserted by the Appellants' were transferred under a confirmed Plan of Liquidation to a successor of the debtor so that Appellants lacked standing to pursue them.

Judge(s):

Stewart, DeMoss and Clement

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!