Elebute v. Village Captl & Inv

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-20326
Summary Calendar

In the Matter of: KEHINDE ADEYEMI ELEBUTE,

Debtor

KEHINDE ADEYEMI ELEBUTE,

Appellant

v.

VILLAGE CAPITAL & INVESTMENT, L.L.C.,

Appellee

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CV-4504

Before WIENER, HAYNES, and COSTA, Circuit Judges.
PER CURIAM:
*

In his bankruptcy proceeding, Kehinde Adeyemi Elebute brought an
adversary proceeding alleging wrongful foreclosure against Village Capital.
The bankruptcy court granted summary judgment against Elebute. Several

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
February 28, 2020

Lyle W. Cayce
Clerk
Case: 19-20326 Document: 00515325940 Page: 1 Date Filed: 02/28/2020

No. 19-20326
2
months later, Elebute sought to vacate the judgment under Federal Rule of
Civil Procedure 60(b)(1). Elebute argued that the bankruptcy court had
mistakenly relied on an unsigned sales contract in granting summary
judgment. The bankruptcy court denied that motion, and the district court
affirmed that denial. Seeing no abuse of discretion in the bankruptcy court’s
refusal to reopen the case, we also AFFIRM its denial of Rule 60(b)(1) relief.
Case: 19-20326 Document: 00515325940 Page: 2 Date Filed: 02/28/2020