Edwards Family Partnership, et al v. Johnson, No. 20-61011 (5th Cir. 2022)
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Appellants, the Edwards Family Partnership (“EFP”) and Beher Holdings Trust (“BHT”), two companies owned by Edwards and collectively referred to as the “Edwards entities” and Appellee, the trustee who presently manages Dickson’s former company, Community Home Financial Services Corporation (“CHFS”), each raised various issues on appeal relating to the business relationship between EFP, BHT, and CHFS. The dispute revolved around two business transactions: (1) the initial home improvement loans from Edwards to CHFS and (2) a subsequent arrangement of seven mortgage portfolios of subprime loans (the “Mortgage Portfolios”) purchased as “joint ventures” between Edwards and CHFS.
The Fifth Circuit affirmed the district court’s and bankruptcy courts’ conclusion that the Appellant’s right to repayment for their funding of certain mortgage portfolios was barred by the statute of frauds. Appellants argued the “statute of frauds does not apply to agreements already fully performed by one party; or to agreements capable of being fully performed within 15 months, even if performance is not expected.” The court reasoned that the bankruptcy court’s determination that CHFS could not repay the Edwards entities until it had collected on the underlying loans in the Portfolios,which would take more than five years, based on the terms of the loan agreement is plausible in light of the record.
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