Allen DeBard wanted to make very sure that an appeal of his clients’ state-court defense victories was dead. So, he pursued the plaintiff from state court into bankruptcy court, to U.S. district court and, ultimately, to the U.S. Court of Appeals for the Fifth Circuit.
The result was the Fifth Circuit’s Dec. 10 decision in Bradley L. Croft v. Jeanette Barbara Lowry, a case of first impression. The Fifth Circuit found that defensive appellate rights constitute property under Texas law. That’s good news for DeBard’s clients, who might be interested in buying those rights if a bankruptcy trustee sells them.
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