WARFIELD v. BYRON

Nos. 04-10796, 04-11041.

436 F.3d 551 (2006)

Lawrence J. WARFIELD, as the Receiver for Resource Development International, et al., Plaintiff-Appellee, v. Bob L. BYRON; et al., Defendants, Charles Littlewood, Defendant-Appellant. Lawrence J. Warfield, as the Receiver for Resource Development International, et al., Plaintiff-Appellee, v. Bob L. Byron; et al., Defendants, Larry P. Johnson, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 2006.


Attorney(s) appearing for the Case

Kelly Mitchell Crawford (argued), Charlene Cantrell Koonce, Scheef & Stone, Dallas, TX, for Warfield.

Greggory Scott Williams (argued), Houston, TX, for Littlewood.

John Michael Frick (argued), Richardson, TX, for Johnson.

Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.


EDITH H. JONES, Chief Judge:

Two investors in a Ponzi scheme were sued for fraudulent transfers because they received significantly more funds from the scheme than they invested. Further, when granting summary judgment for the receiver of the entities involved in the scheme, the district court gratuitously declared that the judgments against the investors would be nondischargeable in bankruptcy.

On appeal, the receiver concedes that the district court's premature...

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