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eBook details

• Title: Santibanez v. Mcmahon
• Author : Fifth Circuit U.S. Court of Appeals
• Release Date : January 12, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

DENNIS, Circuit Judge: In this case, Defendant-Appellant Billy M. Thompson, a judgment debtor, appeals from the District Court's ""turnover"" order requiring him to describe and value all his assets; claim exemptions by stating the character of the exempt property and the legal basis for each exemption; and deliver to a receiver his nonexempt assets. Thompson also appeals from the District Court's order holding him in contempt for failure to comply with the court's decree. The orders appealed from arose from actions by the Plaintiffs-Appellees as judgment creditors to enforce a money judgment against Thompson for damage caused them by Thompson's fraud and breach of fiduciary duties violative of the Employee Retirement Income Security Act (""ERISA""). 29 U.S.C. §§ 1001, et seq. We affirm, holding that: (1) we have jurisdiction of the appeal, and (2) the trial court had jurisdiction to hold defendant in contempt. Further, we conclude that the trial court did not abuse its discretion in determining that: (3) plaintiffs proved that defendant owned or controlled present or future rights to property; (4) defendant failed to carry his burden of pleading and producing evidence to show that his property was exempt from seizure; and, (5) defendant intentionally and willfully refused to comply with the court's order and placed himself in contempt of court.

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