Case study

Fifth Circuit Bankruptcy Appeal Win

February 9, 2012 Case Study

On February 9, 2012, Beck Redden prevailed in a bankruptcy appeal before the United States Court of Appeals for the Fifth Circuit.

The question presented arose at the intersection of bankruptcy and family law: whether the Bankruptcy Code allows certain parents to discharge attorney’s fees owed to guardians ad litem. After the district court decided in the client’s favor by ruling that the Code makes the fees not dischargeable, the opposition took the appeal to the Fifth Circuit, and Beck Redden was brought on to defend the judgment. The case was initially set for oral argument, but the Court later decided to resolve the appeal on the briefs alone. In a unanimous per curiam opinion, the Fifth Circuit held that such fees are not dischargeable, affirming the judgment for Beck Redden’s client.

Appellate partner David Gunn handled the Fifth Circuit appeal. Attorneys for James B. Jameson & Associates handled the case for Beck Redden’s client in the bankruptcy and district courts.

David M. Gunn 713.951.6290