Burch v. Rushmore Loan Mgmt, No. 22-10349 (5th Cir. 2022)
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Case: 22-10349 Document: 00516520097 Page: 1 Date Filed: 10/25/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-10349 Summary Calendar FILED October 25, 2022 Lyle W. Cayce Clerk In the Matter of William Paul Burch, Debtor, Juanita Burch, Appellant, versus Rushmore Loan Management Services, L.L.C., Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CV-503 Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-10349 Document: 00516520097 Page: 2 Date Filed: 10/25/2022 No. 22-10349 Juanita Burch appeals from an order of the United States District Court for the Northern District of Texas that affirmed a bankruptcy court’s summary judgment disposing of all of Burch’s claims. Burch’s claims were brought in an adversary proceeding against Rushmore Loan Management Services, LLC, in the bankruptcy of her husband, William Paul Burch. Rushmore had foreclosed on a property owned by the Burches in Arlington, Texas. The bankruptcy court rejected arguments that it had no jurisdiction and concluded that the property and claims were the same as those already considered in prior proceedings. Thus, judgment was granted for Rushmore based on preclusion. The bankruptcy court also declared Burch a vexatious litigant. After review of the briefs and record, we conclude the district court was correct to affirm the bankruptcy court’s judgment. We AFFIRM. Appellant’s motion to strike is DENIED. 2
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