JNS Aviation, Inc., et al v. Nick Corp.

Filing

UNPUBLISHED OPINION FILED. [09-11149 Affirmed ] Judge: EMG , Judge: FPB , Judge: MAC Mandate pull date is 10/05/2010 [09-11149]

JNS Aviation, Inc., et al v. Nick Corp.

Doc. 0

Case: 09-11149

Document: 00511233608

Page: 1

Date Filed: 09/14/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
September 14, 2010 N o . 09-11149 Lyle W. Cayce Clerk

I n the Matter of: JNS AVIATION, L.L.C., D eb tor ----------------------------------------------J N S AVIATION, INC.; JNS AIRCRAFT SALES, L.L.C.; J. MALCOLM S H E L T O N , IV; JAMES N. SHELTON, A p p e lla n t s v. N I C K CORPORATION, Appellee

A p p e a l from the United States District Court for the Northern District of Texas U S D C No. 2:08-CV-130-J

B e fo r e GARZA and BENAVIDES, Circuit Judges, and CRONE, District Judge.* P E R CURIAM:* * A p p e lla n t s appeal from the judgment of the District Court which affirmed t h e judgment of the Bankruptcy Court which found fraud, fraudulent transfer,
*

District Judge for the Eastern District of Texas, sitting by designation.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

**

Dockets.Justia.com

Case: 09-11149

Document: 00511233608

Page: 2

Date Filed: 09/14/2010

No. 09-11149 a n d pierced the corporate veil to award damages against the Appellants. Appellants complain of the standing of the Appellee to bring the claims in the B a n k r u p t c y Court based on their argument that the purchase agreement was n o t assigned to Appellee. They also raise a number of issues relating to the f i n d in g of fraud, the decision of the Bankruptcy Court to pierce the corporate v e il, and to find the individuals liable. They also challenge the amount of the a w a r d and the decision of the Bankruptcy Court that did not allow the in d iv id u a l Defendants to attack a Delaware judgment against JNS Aviation. W e have carefully considered the arguments on appeal and have reviewed t h e record. After a de novo review of the legal determination of the Bankruptcy C o u r t and review for clear error of the factual findings of the Bankruptcy Court, w e affirm the judgment of the Bankruptcy Court. No error has been shown w h ic h would require reversal. Accordingly, the judgment on appeal is in all r e s p e c t s AFFIRMED.

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