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IN RE: LIFE PARTNERS HOLDINGS, INCORPORATED Debtor. Life Partners Creditors' Trust; Alan M. Jacobs, As Trustee for the Creditors' Trust, Appellants, v. American Safe Retirements, L.L.C.; Joe Barkate, doing business as MTLRC, L.L.C.; Rich Depaolo; Frank W. Bice; The Retirement and Investment Council; Tolleson Holdings, L.L.C.; Tolleson Investments, L.L.C.; William M. Tolleson; Abundant Income, L.L.C.; Alpha ; Omega Global Risk Management, L.P.; AO Global, L.L.C.; ASR Alternative Investments, L.P.; BGS Management Consultants; Argentus Securities, L.L.C., formerly known as Summit Alliance Securities, L.L.C.; BGS Consultants; BGS; Brian Harper; Curtis M. Cole; Dewitt ; Dunn, L.L.C.; Fidelity Holdings, Incorporated; Hans P. Reinhart; Irish East India Company; James Sundelius; Lakeside Equity Partners, Incorporated; Longview Capital Group; Matthew Price; New Asset Advisors, L.L.C.; New Asset Alternatives, L.L.C.; Petra World Wide, Incorporated; Providing Profit; RSG, L.L.C.; Russell Hagan; Secondary Markets, L.L.C.; Steadfast Endeavors, L.L.C.; Summit Alliance Settlement Company, L.L.C.; Tim Harper; Inter Consulting Group, L.L.C., Appellees.
This case is one of five related adversary proceedings arising out of the Chapter 11 bankruptcies of Life Partners Holdings, Inc.; Life Partners, Inc. (LPI); and LPI Financial Services (collectively, the “LP Entities”), in which the Life Partners Creditors’ Trust asserts claims against various groups of LP Entities Licensees. We described the factual background and relevant procedural history in our recent opinion in Life Partners Creditors’ Trust v. Cowley, No. 17-11477, 926 F.3d 103, 2019 WL 2315028 (5th Cir. May 31, 2019). The arguments before the court in this case are substantially the same as those in Cowley, and the live pleadings are parallel in all important respects. Accordingly, we AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, we REVERSE the dismissal of Counts 1–4,1 6, 9, and 10 and REMAND them for further proceedings consistent with this opinion.
FOOTNOTES
1. As in Cowley, we affirm the district court’s dismissal of Count 2 only as to transfers from Life Partners Holdings that occurred before January 20, 2011, and transfers from LPI and LPI Financial Services that occurred before May 19, 2011. We also affirm the district court’s dismissal of Counts 3 and 4 only as to transfers made by Life Partners Holdings before January 20, 2013, and transfers made by LPI and LPI Financial Services before May 19, 2013.
JENNIFER WALKER ELROD, Circuit Judge:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Docket No: No. 17-11488
Decided: June 03, 2019
Court: United States Court of Appeals, Fifth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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