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Burch v. Rushmore Loan Mgmt
22-10349
5th Cir.
Oct 25, 2022
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Docket

IN THE MATTER OF WILLIAM PAUL BURCH, JUANITA BURCH v. RUSHMORE LOAN MANAGEMENT SERVICES, L.L.C.

No. 22-10349

United States Court of Appeals for the Fifth Circuit

October 25, 2022

Summary Calendar; Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:21-CV-503

Before SMITH, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Juanita Burch appeals from an order of the United States District Court for the Northern District of Texas that affirmed a bankruptcy court‘s summary judgment disposing of all of Burch‘s claims. Burch‘s claims were brought in an adversary proceeding against Rushmore Loan Management Services, LLC, in the bankruptcy of her husband, William Paul Burch.

Rushmore had foreclosed on a property owned by the Burches in Arlington, Texas. The bankruptcy court rejected arguments that it had no jurisdiction and concluded that the property and claims were the same as those already considered in prior proceedings. Thus, judgment was granted for Rushmore based on preclusion. The bankruptcy court also declared Burch a vexatious litigant.

After review of the briefs and record, we conclude the district court was correct to affirm the bankruptcy court‘s judgment. We AFFIRM. Appellant‘s motion to strike is DENIED.

PER CURIAM

Case Details

Case Name: Burch v. Rushmore Loan Mgmt
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 25, 2022
Citation: 22-10349
Docket Number: 22-10349
Court Abbreviation: 5th Cir.
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