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S.E.C. v. HUFFMAN

No. 92-1363.

996 F.2d 800 (1993)

SECURITIES & EXCHANGE COMMISSION, Plaintiff-Appellee-Cross-Appellant, v. Maxwell C. HUFFMAN, Jr., et al., Defendants, Maxwell C. Huffman, Jr., James T. Henry and John T. Forsberg, Defendants-Cross-Appellees, and James F. Stewart, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied August 27, 1993.

Attorney(s) appearing for the Case

Michael Allan Watson, John Woodward, Morgan, Barnett & Associates, Dallas, TX, for appellant.

Robert W. Fischer, Fischer, Gitlin & Sanger, Dallas, TX, for Huffman.

John Forsberg, pro se.

Guy William Anderson, Jr., Vial, Hamilton, Koch & Knox, Dallas, TX, for Henry.

Eric Summergrad, Susan K. Straus, Randall Quinn Special Counsel, S.E.C., Washington, DC, for S.E.C.

Before POLITZ, Chief Judge, GOLDBERG, and JONES, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 27, 1993.

EDITH H. JONES, Circuit Judge:

This case calls on us to decide whether an order of disgorgement fashioned at the behest of the SEC is a "debt" under the Federal Debt Collection Procedures Act of 1990 ("Debt Act"), 28 U.S.C. § 3001 et. seq. If so, its repayment is subject to state property law exemptions incorporated in the Debt Act. We hold that an order of disgorgement is not a "debt...

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