Rosbottom v. Schiff et al

Appellant: Harold L Rosbottom, Jr
Appellee: Gerald H Schiff and Leslie B Fox
Case Number: 5:2015cv00758
Filed: March 20, 2015
Court: Louisiana Western District Court
Office: Shreveport Office
County: Caddo
Presiding Judge: Elizabeth E Foote
Referring Judge: Mark L Hornsby
Nature of Suit: Appeal
Cause of Action: 28:0158
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
September 1, 2016 25 Opinion or Order of the Court ORDER denying 20 Motion for Rehearing Pursuant to Federal Rule of Bankruptcy Procedure 8022 re 19 Memorandum Ruling. Signed by Judge Elizabeth E Foote on 9/1/2016. (crt,Keifer, K)
June 28, 2016 19 Opinion or Order of the Court MEMORANDUM RULING: Before the Court is an appeal of two rulings in a bankruptcy adversary proceeding by the debtor and defendant below, Harold Rosbottom Jr re 1 Bankruptcy Appeal. The plaintiffs in the adversary proceeding, Gerald Schiff and Lesl ie Fox, sought a declaration that a condominium held in trust is part of Rosbottom's bankruptcy estate because the trust was not validly formed and therefore never existed. The bankruptcy court granted the plaintiffs' motion for summary jud gment and denied Rosbottom's 12(b)(7) motion to dismiss. For the foregoing reasons, the Court REVERSES the bankruptcy court's grant of summary judgment, AFFIRMS its denial of 12(b)(7) dismissal, and REMANDS the case for further proceedings consistent with this opinion. Signed by Judge Elizabeth E Foote on 6/28/2016. (crt,Putch, A)

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Appellant: Harold L Rosbottom, Jr
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Appellee: Gerald H Schiff
Represented By: Louis M Phillips
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Appellee: Leslie B Fox
Represented By: Roger Joseph Naus
Represented By: David S Rubin
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