U.S. Court of Appeals for the Fifth Circuit, 2000

In re: Xacur

In re: Xacur
U.S. Court of Appeals for the Fifth Circuit · Decided March 10, 2000

In re: Xacur

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________ No. 99-20036 _______________________ In the Matter of: JACOBO XACUR, Debtor.

FELIPE XACUR; JOSE MARIA XACUR; JACOBO XACUR, Appellants, versus BANCO NACIONALE DE MEXICO SA; BANCOMER SA; BANCO MEXICANO SA; BANCA SERFIN SA; BANCO BILBAO VIZCAYA-MEXICO SA; CONFIA SA; BANCO INVERLAT SA; CALIFORNIA COMMERCE BANK, Appellees.

_________________________________________________________________ Appeal from the United States District Court for the Southern District of Texas (H-97-CV-3283) _________________________________________________________________ March 8, 2000

Before DAVIS, JONES and MAGILL* Circuit Judges.

PER CURIAM:** The court has carefully considered this appeal in light of the oral arguments, briefs, and pertinent portions of the record. We are convinced that the district and bankruptcy courts did not clearly err in determining that the debts owed by the

* Circuit Judge of the Eighth Circuit, 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. brothers were neither contingent nor subject to bona fide dispute.

There was no reversible error in the exercise of personal jurisdiction over Jacobo Xacur, who lives, does business in and owns property in the United States and Southern District of Texas.

This court lacks jurisdiction to consider the district court’s denial of rehearing based on a request to abstain from hearing these cases pursuant to 11 U.S.C. § 305(c).

The judgment of the district and bankruptcy courts are therefore AFFIRMED.

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