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Kelly Hart Pitre Wins Reversal in the United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Fifth Circuit reverses judgment against Kelly Hart client.

The United States Court of Appeals for the Fifth Circuit reversed the district court’s judgment against Kelly Hart’s client in Harold L. Rosbottom Jr. v. Gerald H. Schiff.  The case commenced as an adversary proceeding in an individual Chapter 11 bankruptcy case.  The plaintiff in the adversary proceeding—Kelly Hart’s client, the Chapter 11 bankruptcy trustee—sought a declaratory judgment that certain property was part of the debtor’s bankruptcy estate.  The United States Bankruptcy Court granted summary judgment in favor of the bankruptcy trustee.  The debtor then appealed to the United States District Court, which reversed the Bankruptcy Court’s judgment and determined that the property was not part of the bankruptcy estate.  Kelly Hart sought and obtained an interlocutory appeal to the Fifth Circuit, which agreed with the Bankruptcy Court’s analysis, determined that the property was part of the bankruptcy estate, and reversed the District Court’s judgment against Kelly Hart’s client.  The Kelly Hart Pitre Team included Louis Phillips, Peter Kopfinger, and Amelia Bueche.

Marianne M. Auld
Managing Partner

"We are proud of our 39 year history, during which we attracted more than 160 attorneys who have brought to this firm the knowledge, experience and expertise to practice at the highest level. We look forward to the future and building on our legacy of success."
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Kelly Hart served as lead counsel in the landmark Texas Supreme Court case defining the scope of aider and abettor liability under the Texas Securities Act.