U.S. Court of Appeals for the Fifth Circuit

Smith v. Terry

August 27, 2026

Summary

The court affirmed the district court’s affirmance of the bankruptcy court’s denial of Smith’s motion to set aside orders based on alleged fraud upon the court. It held that most of Smith’s appellate arguments were forfeited because they were inadequately briefed, while his challenges to the gatekeeper order had already been resolved and his remaining arguments were unavailing. The court also concluded that Smith could not relitigate ownership of certain estate accounts because he was judicially estopped from asserting that they belonged to him.