Office of Thrift Supervision v. Felt

Appeal from the United States District Court For the Southern District of Texas I. The Office of Thrift Supervision (""OTS"")1 brought this action as an adversary proceeding in 1993 against Debtor David J. Felt (""Felt"") in the Bankruptcy Court for the Southern District of Texas. OTS sought a declaration that a debt reflected in a prior district court judgment was non-dischargeable in bankruptcy as provided by 11 U.S.C. § 523.2 In March 1997, the district court entered a final judgment declaring a portion of the debt non-dischargeable, and on appeal, a panel of this Court reversed in part and remanded. See OTS v. Felt, No. 97-20418 (5th Cir. Mar. 1, 1999) (unpublished) (remanding to the district court for consideration of any additional evidence Felt was denied the opportunity to present when the district court granted OTS summary judgment sua sponte and without giving ten days notice). Following remand, the district court again entered a final judgment in favor of OTS, declaring a portion of the debt non-dischargeable. Finding no reversible error, we affirm.