Wells Fargo Capital Finance, L.L.C. v. Noble, et al. (In the Matter of R.E. Loans, L.L.C.

Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
12 years 3 weeks ago

Citation:

In the United States Court of Appeals for the Fifth Circuit, No. 13-10468

Tag(s):

Ruling:

The appeal was dismissed as moot. The Court determined that an intervening factual event (the filing of a third Amended Complaint by the Appellant in a related state court proceeding)caused the Appellant to no longer have a present right to be vindicated or a stake or interest in the outcome in the appeal before the Fifth Circuit. The state court amended complaint superseded the federal court complaint so that the Appellant no longer had a stake in the outcome of the federal court complaint.

Procedural context:

Appeal from the United States District Court for the N.D. of Texas which had affirmed in part and reversed in part a ruling by the United States Bankruptcy Court for the N.D. of Texas that dismissed the Complaint.

Facts:

Appellant sought, in its adversary proceeding filed in bankruptcy court, to enjoin a state court lawsuit, arguing that the debtor (and not the individual investors of the debtor) was the real party in interest and the lawsuit was property of the bankruptcy estate.

Judge(s):

Reavley, Prado and Owens

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!