United States Fifth Circuit

A bankruptcy proceeding that vacated a state court judgment, enjoined further state court litigation, and held appellant in contempt is reversed, the order of the bankruptcy court and district court vacated and the case remanded where: 1) appellant did not have to assert his prospective contribution rights in appellee's bankruptcy proceedings since they are both responsible for a per se non-dischargeable debt; 2) the bankruptcy court exceeded its authority when it vacated the relevant state court judgments and enjoined the commencement of any future collection attempts by the appellant; and 3) the court abused its discretion when it held the appellant in contempt.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert N. Aguiluz, Baton Rouge, LA, pro se., Pamela Magee, Law Office of Pamela G. Magee, Baton Rouge, LA, for Bayhi.