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Sylvester v. Rivera-Fulton (In re Sylvester)

United States Court of Appeals, Fifth Circuit
Jun 30, 2022
No. 22-30024 (5th Cir. Jun. 30, 2022)

Opinion

22-30024

06-30-2022

In the Matter of: Sharon Sylvester, Debtor, v. Barbara Rivera-Fulton, Appellee. Sharon Sylvester, Appellant,


Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:20-CV-1083

Before SOUTHWICK, OLDHAM, and WILSON, Circuit Judges.

PER CURIAM[*]

Sharon Sylvester went bankrupt. At the end of her Chapter 7 proceeding, the bankruptcy court ordered her to pay certain fees to the trustee and a law firm that assisted the trustee. The present appeal involves the bankruptcy court's award of fees to the trustee.

In affirming the award of fees to the trustee, the district court principally relied on its prior opinion awarding fees to the law firm. In re Sylvester, No. 20-CV-2469, 2021 WL 807248 (E.D. La. Mar. 2, 2021). The next month, however, we vacated and remanded the award of attorney's fees, concluding that the bankruptcy court applied the wrong legal standard. See Matter of Sylvester, 23 F.4th 543 (5th Cir. 2022). Because the questions regarding fees in both matters are intertwined, we VACATE and REMAND for further proceedings consistent our recent decision.

[*] Pursuant to 5TH CIRCUIT RULE 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIRCUIT RULE 47.5.4.


Summaries of

Sylvester v. Rivera-Fulton (In re Sylvester)

United States Court of Appeals, Fifth Circuit
Jun 30, 2022
No. 22-30024 (5th Cir. Jun. 30, 2022)
Case details for

Sylvester v. Rivera-Fulton (In re Sylvester)

Case Details

Full title:In the Matter of: Sharon Sylvester, Debtor, v. Barbara Rivera-Fulton…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 30, 2022

Citations

No. 22-30024 (5th Cir. Jun. 30, 2022)

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In re Sylvester

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