In the Matter of: Gary L. BRADLEY, Debtor.
Gary L. Bradley, Appellee-Cross-Appellant,
v.
Ronald E. Ingalls, Trustee; Appellant-Cross-Appellee,
v.
Thomas Thompson, Trustee of and on Behalf of the Lazarus Exempt Trust, Appellee-Cross-Appellant.
In the Matter of: Gary L. Bradley, Debtor.
Ronald Ingalls, Appellant,
v.
Lazarus Investments LP; Castle Realty Management LLC; Thomas Thompson, in his capacity as Trustee of the Lazarus Exempt Trust, Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
September 20, 2007.
September 20, 2007.
Attorney(s) appearing for the Case
Raymond W. Battaglia, Douglas Wayne Sanders, Oppenheimer, Blend, Harrison & Tate, San Antonio, TX, Jeffrey Thomas Cullinane, Richie & Gueringer, Austin, TX, for Bradley.
Michael Paul Massad, Jr., Jarrett Lee Hale (argued), Hunton & Williams, Dallas, TX, Frank N. Ikard, Jr., Mary E. Haught, Patrick Charles Hargadon, Bankston & Richardson, Austin, TX, for Ingalls.
Lynne Liberato (argued), Kent Geoffrey Rutter, Katharine D. David, Haynes & Boone, Houston, TX, Eric Jay Taube, Sarah J. Starnes, Hohmann, Taube & Summers, Austin, TX, for Thompson.
Before SMITH, BENAVIDES and DENNIS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
DENNIS, Circuit Judge:
Our main concern in this bankruptcy appeal is whether the burdens and elements of proof were correctly applied in a bankruptcy trustee's action to trace and recover assets that a debtor "self-settled" into a spendthrift trust of which he is the beneficiary. The bankruptcy and district courts held that, although the debtor and his business associates used the trust in a scheme to defraud his creditors...
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