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