Lariat Cos. v. Wigley (In re Wigley)
Lariat Cos. v. Wigley (In re Wigley)
Opinion of the Court
The matter before us is Appellant-Cross Appellee Lariat Companies, Inc.'s ("Lariat") Motion for Rehearing and Alternative Motion for Stay of Mandate. For the reasons that follow, we deny both Lariat's motion and its alternative motion.
As Lariat notes in its motion, "[t]he purpose of a petition for rehearing ... is to direct the Court's attention to some material matter of law or fact which it has overlooked in deciding a case, and which, had it been given consideration, would probably have brought about a different *340result." Yankton Sioux Tribe v. Podhradsky ,
Lariat argues we departed from the issues briefed by the parties, which in turn led us to commit three reversible errors. We disagree.
In her brief,
The amount necessary to satisfy Lariat's underlying claim was not at issue: The bankruptcy court found Debtor's spouse had paid the full amount of Lariat's claim against him, and Lariat did not challenge that finding. Consequently, while Debtor may have muddled the issue somewhat with her separate (and wholly unnecessary) argument that Lariat's acceptance of Debtor's spouse's check in payment of Lariat's claim against him constituted an accord and satisfaction, we simply applied the undisputed facts to the issue presented.
As for our perceived errors, Lariat first argues the state court rejected Debtor's argument that her spouse's bankruptcy discharge effectively eliminated Lariat's claim against her and denied her request to vacate the fraudulent transfer judgment against her.
Lariat next suggests the discharge of a fraudulent transferor in bankruptcy does not discharge or otherwise exonerate a fraudulent transferee of her liability arising from the fraudulent transfer. We did not hold otherwise.
Finally, Lariat suggests
With respect to its alternative motion, Lariat has not demonstrated there is a fair prospect it will prevail on the merits, it is likely to suffer irreparable harm in the absence of a stay, or the balance of the equities, including the public interest, warrants the imposition of a stay. See John Doe I v. Miller ,
*341For all these reasons, we deny both Lariat's motion for rehearing and its alternative motion for stay of mandate.
The relevant portion of Debtor's brief is headed, "APPELLANT'S CLAIM HAS BEEN PAID IN FULL AND IS NOT ENFORCEABLE AGAINST THE APPELLEE." (Emphasis added.)
While Lariat seems to believe otherwise, we see no meaningful distinction between Debtor's description of her liability to Lariat as derivative of her spouse's liability to Lariat and our description of Debtor's spouse's liability to Lariat as a "predicate claim."
Lariat suggests we may have been unaware of the state court's decision. This is true, because neither Lariat nor Debtor called this decision to our attention or suggested it had any bearing on this appeal.
Reference
- Full Case Name
- IN RE: Barbara A. WIGLEY, Debtor Lariat Companies, Inc., Appellant/Cross-Appellee v. Barbara A. Wigley, Appellee/Cross-Appellant
- Status
- Published