- Published on July 31 2017
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