United States Fifth Circuit

In a creditor's appeal from the district court's order affirming an order of the bankruptcy court that set aside an order directing the Texas Real Estate Commission (TREC) to pay the creditor $100,000 from the Texas Real Estate Recovery Trust Account, the order is affirmed where the bankruptcy court did not abuse its discretion by setting aside the default order directing payment because the TREC could reasonably have expected a hearing setting on the motion, as there was no "negative notice".

Appellate Information

• Decided 12/08/2009
• Published 12/08/2009

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Steven G. Cennamo, Law Offices of Steven G. Cennamo, San Antonio, TX, for Heller.


• For Appellees:
  
• Edith Stuart Phillips, Asst. Atty. Gen., Austin, TX, for Appellee.