Josserand v. Seals ( 2000 )

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 99-11383
Summary Calendar
In The Matter of: WILLIAM D. JOSSERAND, SR.,
Debtor.
--------------------------
WILLIAM D. JOSSERAND, SR.,
Appellant,
VERSUS
JAMES W. CUNNINGHAM, Trustee,
Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(4:99-CV-118-Y)
July 26, 2000
Before EMILIO M. GARZA, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
William D. Josserand, Sr. ("the Debtor") transferred certain
of his property to his grandchildren and to his ex-wife within one
year before he filed his petition in bankruptcy. The bankruptcy
court found that such transfers were marked by eight of the 11
"badges of fraud" under the Texas Business and Commerce Code;2 and
that such transfers were made with the intent to hinder, delay, or
defraud creditors. Accordingly, the bankruptcy court denied the
debtor a discharge in bankruptcy. Debtor appealed to the district
court who determined that there was ample evidence to support the
denial of the debtor’s discharge and affirmed the decision of the
bankruptcy court. Debtor appeals to this Court.
We have carefully reviewed the briefs, the record excerpts,
and relevant portions of the record itself. We find no reversible
error and accordingly affirm the decision of the district court
which affirmed the decision of the bankruptcy court.
AFFIRMED.
2
The badges of fraud in Texas are listed in Texas Business and
Commerce Code § 24.005(b) (the Texas Uniform Fraudulent Transfers
Act).
2