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538 F. App'x 440
5th Cir.
2013
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Background

  • Tanguy signed a $1,237,500 promissory note in January 2006 to purchase an aircraft, payable in 124 installments.
  • Davis filed Chapter 7 bankruptcy in June 2007; the Trustee became owner of the note and later assigned it to JLE as collateral.
  • The Trustee re-assigned the note to the Trustee in February 2008; in April 2008 Tanguy acknowledged the Trustee as holder and kept paying.
  • Tanguy stopped payments in November 2008; repudiated the note in January 2009; the Trustee accelerated and demanded full payment.
  • The Trustee filed an adversary proceeding in March 2009; Tanguy answered with counterclaims and a jury demand, which the bankruptcy court struck.
  • Bankruptcy court trial in December 2009 awarded the Trustee $1,183,090.80 plus $31,180.75 in fees; on appeal, the district court affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Stern applicability to jurisdiction Tanguy argues Stern voids jurisdiction over counterclaims. Trustee argues Stern is limited and not controlling here; representative-capacity counterclaims survive. Stern not controlling; jurisdiction upheld.
Proper exercise of jurisdiction by courts Tanguy contends lack of subject matter jurisdiction. Trustee asserts proper jurisdiction in bankruptcy and district courts. Jurisdiction proper in both courts and on appeal.
Merits of the judgment and fee awards Tanguy challenges the merits and fees; alleges error in rulings. Trustee argues findings and award are correct and supported. No reversible error; judgments affirmed.

Key Cases Cited

  • In re Pilgrim’s Pride Corp., 706 F.3d 636 (5th Cir. 2013) (standard for reviewing bankruptcy court findings and conclusions)
  • In re Renaissance Hosp. Grand Prairie Inc., 713 F.3d 285 (5th Cir. 2013) (limited application of Stern's holding on estate-counterclaims)
  • Stern v. Marshall, 131 S. Ct. 2594 (Supreme Court 2011) (limits on bankruptcy court jurisdiction over certain state-law counterclaims)
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Case Details

Case Name: Philippe Tanguy v. William West
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 8, 2013
Citations: 538 F. App'x 440; 12-20555
Docket Number: 12-20555
Court Abbreviation: 5th Cir.
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    Philippe Tanguy v. William West, 538 F. App'x 440