Bankruptcy

Y’all Can ‘Bank’ On It: A Frivolous Foreclosure Appeal at the Fifth Circuit

A lower court Bankruptcy Judge, a known foreclosure debt collecting law firm and 3 of their foreclosure lawyers arrive at the Court of Appeals for the Fifth Circuit.

LIT COMMENTARY

A lower court Bankruptcy Judge, a known foreclosure debt collecting law firm and 3 of their foreclosure lawyers arrive at the Court of Appeals for the Fifth Circuit. Therein waits a known 3-panel at the 5th Circuit that’s never voted against any admonished Bank or Non-Bank since the financial crisis (2008) – the writing was on the wall for this struggling homeowner. One small improvement in the Select opinion; Judge Graves didn’t refer to her as a “Non-Prisoner”.

FILED; October 27, 2020 | Lyle W. Cayce Clerk

United States Court of Appeals for the Fifth Circuit

No. 19-10277

Summary Calendar

Bridget Brown Parson,

United States Court of Appeals Fifth Circuit

PlaintiffAppellant,

versus

Select Portfolio Servicing; U.S. Bank; Mackie Wolf Law Firm, Professional and Individual; Stephen Wu; Jessica Holt; Chelsea Schneider, et al;

Bankruptcy Court; Judge Harlin Hale, Professional and Individual,

DefendantsAppellees.

Appeal from the United States District Court for the Northern District of Texas

USDC No. 3:18-CV-774

GRAVES, JAMES E. (JR)

Judge James E Graves Jr

was born November 19, 1953 (Scorpio)

Age: 66

STEWART, CARL E.

Judge Carl E Stewart

was born January 2, 1950 (Capricorn)

Age: 70

HIGGINSON, STEPHEN A.

Judge Stephen Andrew Higginson

was born April 12, 1961 (Aries)

Age: 59

Before Stewart, Graves and Higginson, Circuit Judges.

Per Curiam:*

Bridget Brown Parson moves for leave to proceed in forma pauperis (IFP) in her appeal from the dismissal with prejudice of her civil complaint for want of prosecution.

By seeking leave to proceed IFP in this court, Parson is challenging the district court’s denial of leave to proceed IFP and certification that her appeal would be frivolous and not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Our inquiry into an appellant’s good faith “is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous).” Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citation omitted).

Parson’s pleadings in this court fail to address the propriety of the district court’s dismissal with prejudice and its certification decision that this appeal is not taken in good faith.

Her failure to identify any error in the district court’s analysis has the same effect as if she had not appealed. See Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).

Accordingly, Parson’s IFP motion is DENIED, and her appeal is DISMISSED as FRIVOLOUS. See Baugh, 117 F.3d at 202; Howard, 707 F.2d at 220; 5th Cir. R. 42.2.

* 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.

Stephen Wu, Senior Attorney

Phone: (214) 635-2650
Direct: (214) 722-5184
Fax: (214) 635-2686
swu@mwzmlaw.com

Stephen Wu has been with Mackie Wolf since 2012 and assists with bankruptcy, litigation, and eviction matters.

He earned his Bachelors of Science in Business Computer Information Systems from The University of North Texas and obtained his Doctorate of Jurisprudence from Texas Wesleyan Law School (now Texas A&M University School of Law) in 2006.

Stephen has represented mortgage servicers and vehicle lenders in various areas of default practice and has handled a variety of contested and uncontested matters.

He is a member of the State Bar of Texas and is licensed in the U.S. District Court and Bankruptcy Court for the Northern, Eastern, Southern, and Western Districts of Texas.

Jessica Holt, Associate

Phone: (713) 730-3218
Fax: (214) 635-2686
jholt@mwzmlaw.com

Jessica L. Holt joined Mackie Wolf Zientz & Mann, P.C. in October of 2015 as a member of the bankruptcy department.

Jessica’s focus is assisting mortgage lenders and servicers in asserting and protecting their rights throughout the bankruptcy process.

She graduated with a Bachelor of Arts in International Business with a Spanish minor from Texas Lutheran University in 2006 and received her Juris Doctor from Texas Tech University School of Law in May of 2011.

Jessica is a member of the State Bar of Texas and licensed in the U.S. District Court for the Southern, Northern, Eastern and Western Districts of Texas.

Prior to joining MWZM Jessica represented individual debtors at one of the largest consumer bankruptcy firms in Texas.

Chelsea Schneider, Associate Attorney

Phone: (214) 635-2650
Fax: (214) 635-2686
cschneider@mwzmlaw.com

Chelsea Schneider joined Mackie Wolf in 2013 and is a member of the Foreclosure Department.

She assists mortgage lenders and servicers regarding creditors’ rights. Prior to joining MWZM, she represented debtors at one of the largest filer of consumer bankruptcies in the Dallas/Fort Worth metroplex.

She graduated from The University of Texas at Austin in 2007 and received her Doctorate of Jurisprudence, Cum Laude from Texas Tech University School of Law School in 2011.

Chelsea is a member of the State Bar of Texas and is licensed in the U.S. District and Bankruptcy Courts for the Northern, Eastern, Southern, and Western Districts of Texas.

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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