United States Fifth Circuit

In a matter in which appellant-creditor brought an adversary complaint against a bankruptcy debtor seeking to deny the debtor's discharge or to hold the debtor's debt to it non-dischargeable, dismissal of the adversary complaint and an injunction against creditor is affirmed in part, vacated in part, and remanded where: 1) the bankruptcy court erred by holding that appellant lacked standing to file the adversary proceeding; 2) however, it did not err in denying appellant's objection to dischargeability of the debt under 11 U.S.C. section 523(a)(2); 3) an objection to discharge under 11 U.S.C. section 727 required reconsideration in light of the ruling on standing; and 4) due to the error on standing, an injunction prohibiting appellant from filing future complaints objecting to discharge or dischargeability without prior court approval is vacated.

Appellate Information

• Decided 10/23/2007
• Published 10/24/2007

Judges

• PER CURIAM:, Before JOLLY, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James A. Rountree, Rountree Law Offices, Monroe, LA, for Appellant.


• For Appellees:
  
• Elijah Orum Young, Jr., Monroe, LA, for Appellee.